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Monthly Archives: March 2015

Real Estate Broker Contracts

Generally, for a real estate broker to be entitled to a commission in Missouri, the broker must prove that he/she/it was the efficient or procuring cause of a sale and that an employment relationship existed between itself and the seller. Kohn v. Cohn, 567 S.W.2d 441, 446 (Mo. Ct. App. 1978). Note that both elements — […]

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Wrongful Garnishment

A garnishment is a legal device used to collect a money judgment. Improper use of a garnishment, however, can result in liability. Although it is very closely related to claims of malicious prosecution and abuse of process, wrongful garnishment is actionable in limited circumstances. See Boone v. Lou Budke’s Arrow Finance Co., Inc., 98 S.W.3d 555, 557 […]

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Trust Litigation: Set Aside, Void

An individual must have the requisite legal capacity to create a trust. Under Section 456.6-601, RSMo, “the capacity required to create, amend, revoke or add property to a revocable trust…is the same as that required to make a will.” The capacity required to make a will (and hence a trust, too) has been thoroughly developed […]

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Special Masters

A special master is an individual appointed by the Court to handle one or more aspects of litigation. They were historically utilized by judges to assist with evidence and accounting. They are not mediators or arbitrators, but at times they can also seem to act as such. They are often appointed for a number of […]

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Correction Deeds

To err is human. Often time mistakes occur in the drafting and execution of real estate deeds. When there is a mistake in the language of a deed, what can be done to fix it? Does a clerical/scrivener’s error invalidate the deed? Generally, either a correction deed or court petition for reformation is appropriate. A […]

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When Does the Statute of Limitations Begin to Run?

The statute of limitations exists to bar stale claims. You can have the best claim in the world, but if it’s not filed within the applicable limitations period then it is absolutely barred. The limitations periods vary depending on the claim. For instance, defamation claims are subject to a two (2) year limitation period; breach […]

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Trustee Resignation

Like most offices or positions, a trustee has the ability to resign if certain conditions are met. To follow the proper procedures, a trustee should first look to the terms of the trust instrument for guidance. Beyond the terms of the trust, the Missouri Trust Code two (2) separate ways in which a trustee may […]

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Ex Parte & Full Orders of Protection: “Household Members”

Orders of protection are essentially restraining orders entered by the Court in which one person (a respondent) is prohibited from contacting or disturbing the peace of another (a petitioner). Generally, they may only be granted when there has been “abuse” or “stalking.” Abuse may be committed in many ways, including by assault, battery, coercion or […]

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