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Monthly Archives: February 2015

Family Trusts

“Family trust” is the general term given to a revocable or irrevocable trust which is in place for the benefit of all or certain members of a family. In some older trusts, it may be called a “residuary trust” depending on how the rest of the trust instrument is structured, but it is typically the […]

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Non-disclosure Agreements (NDA)

Non-disclosure agreements (“NDA”) are contracts where a person agrees not to divulge, reveal or in any way publicize information. They are often used in the context of investors evaluating a business plan, business agreements, employer-employee relationships and independent contractor agreements. One party agrees to reveal information provided the party receiving the information keeps it a secret. The […]

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Retroactive Child Support Orders

During several divorce, paternity or child support cases, a long period of time can elapse between the filing of the petition and when the court enters its final judgment and order. It is quite common for cases to last 18+ months, particularly in contested cases. Knowing this, parties will often string a case out as […]

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Changes/Modifications/Adjustments to Spousal Support

In Missouri, spousal maintenance/alimony can only be awarded when, among other things, the requesting spouse cannot meet his or her reasonable needs through property or employment. Whitworth v. Whitworth, 878 S.W.2d 479, 485 (Mo. Ct. App. 1994). A maintenance order can be permanent or short term. Depending on the language in a divorce judgment, a spouse’s maintenance/alimony […]

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Probate, Will, Trust & Estate Representation & Litigation

We handle a wide variety of cases relating to probate, wills, trusts, and estates. These cases range from planning “simple” estates to complex will and trust litigation pertaining to multi-million dollar estates. We handle estate administrations, small estate affidavits, refusal of letters, guardianship, conservatorship, and discovery of assets claims. For wills, we represent personal representatives, […]

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How is inheritance handled in a divorce?

The general rule of thumb in divorces is that all property accrued during the marriage is subject to division by the Court. The Court has very broad discretion in dividing this marital property. There are major exceptions to the marital property rule which take certain categories of property directly outside of the division analysis, including property acquired by gift […]

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Assignments: Deeds, Contracts, Accounts, Promissory Notes, Successor in Interest

Many times contracts, promissory notes, deeds or other accounts are sold and transferred to other individuals or entities. After such transfer, proof of an assignment/transfer of the underlying instrument is essential in the event that a suit is filed to enforce the instrument. Korte Costr. Co. v. Deaconess Manor Ass’n, 927 S.W.2d 395, 404 (Mo. Ct. App. […]

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Motions in Limine and Exclusion of Evidence

A motion in limine (i.e., at the threshold) is a request to a Court to exclude certain evidence from being introduced at trial. It is a preliminary expression of the court’s opinion as to the admissibility of evidence. Brown v. Hamid, 856 S.W.2d 51, 55 (Mo. 1993). Practically, it further serves the purpose of notifying other […]

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