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Monthly Archives: May 2018

Option Rights and Preemptive Rights in Contracts

Contracts can have option rights or preemptive rights. An option, in the context of real estate, usually gives a person a power to compel the owner of the property to sell it at a stipulated price whether or not he or she is willing to part with ownership. Anderson v. Parker, 351 S.W.3d 82, 831 […]

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Exceptions to Sovereign Immunity

In almost any lawsuit against a governmental entity, the government will argue that it is immune from the suit under sovereign immunity. Sovereign immunity insulates the government from most suits for money damages. At the state level in Missouri, however, there are numerous exceptions to sovereign immunity in Section 537.600, RSMo. For instance, under Section […]

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Modifying Irrevocable Trusts by Consent

When Missouri updated its trust laws in around 2005, several statutes were added that permitted irrevocable trusts to be modified. An irrevocable trust, as the name suggests, is generally not subject to amendment or change. Most revocable trusts become irrevocable and not subject to change after the settlor/trust-maker dies. The problem is that many irrevocable […]

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Successor Trustee Authority, Release of Liability

The general rule in Missouri is that successor trustees, unless the terms of the trust document say otherwise, possess all of the duties and authority of the initial trustee and/or any predecessor trustee. Therefore, a successor trustee usually possesses all of the “specific powers” of a trustee articulated in Section 456.8-816, RSMo. One of the […]

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Quotient Verdicts, Juries

In civil cases in Missouri, verdicts generally require nine of twelve jurors — and the verdict must be based on a preponderance of the evidence. This is in contrast to criminal jury verdicts which require unanimity — and a conclusion that the defendant is guilty beyond a reasonable doubt. In civil cases, quotient verdicts are […]

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