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Monthly Archives: November 2015

Modification of Irrevocable Trusts in Missouri

The Missouri Uniform Trust Code set forth a number of procedures by which interested parties in an irrevocable trust can request that the Court modify its provisions. A trust typically becomes irrevocable after the settlor/trust-creator dies or becomes incapacitated. Circumstances change and things unforeseen by the settlor will often arise. To that end, Missouri sets forth […]

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Split Custody, Dual Form 14s

Form 14 refers to the worksheet created by the Missouri Supreme Court to calculate the presumptive/default child support amount. It is calculated by taking into account, among other things, each parents’ gross income and time spent with the child(ren). When parents have multiple children, and the custody arrangement for a given child is different, this […]

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Trustee Discretion, Decision-Making

One of a trustee’s most important duties is to administer a trust in accordance with its terms. Many breach of trust cases, therefore, revolve around whether a trustee has followed a trust’s provisions and worked in the beneficiaries’ best interests. Understanding the language and provisions of the trust is important in this type of litigation. […]

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Discovery, Evidence, Destruction/Spoliation of Evidence

Often times the most taxing and time-consuming part of litigation is discovery. Discovery is the fact-finding process of a lawsuit. The most common discovery tools are interrogatories, requests for production, requests for admissions, and subpoenas for third-party document production/testimony. Cases usually sink and swim on the facts. Without facts and proof, a plaintiff cannot win […]

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“Interested Persons” Under Missouri Probate

In Missouri, Probate proceedings are typically handled under a separate set of rules than typical civil litigation cases. Most of the Missouri Supreme Court Rules do not apply in probate proceedings and practitioners will tell you that the policies in probate courts vary from county to county. Traditional probate proceedings in Missouri relate to guardianships, […]

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Defenses to Arbitration Clauses in Contracts

Because of the time and costs associated with litigation, arbitration provisions are often included in contracts to avoid the court system. In an arbitration, an individual or group of individuals make a binding decisions about the dispute. The normal trial rules, due process protections and procedural guarantees that are present in a court or jury […]

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