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Author: ElsterLawOffice -- Saint Louis Missouri

Corporate Continuation, Asset/Equity Sales

Businesses often re-organize and suffle around their legal structure. This can result in a shuffling around of legal liabilities. Generally, when a business sells or transfers its assets to another business, the latter is not responsible for the debts and liabilities of the former. Brockman v. O’Neill, 565 S.W.2d 796, 798 (Mo. Ct. App. 1978). […]

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Trusts, Principal Place of Administration

Trust litigation can often involve interstate disputes as to what state and county should hear and entertain the litigation. This is because trusts will often involve family members, trustees and beneficiaries who reside in different states. Many states have adopted the Uniform Trust Code as a means of providing more consistent laws on how trusts […]

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Misappropriation of Trade Secrets

Trade secret litigation in Missouri can be complex. Such suits usually come about when an employee improperly accesses or discloses a trade secret of an employer/company/business. While most cases will center on whether certain information constitutes a “trade secret,” the definition of “misappropriation” is also very precise. Generally, both must be present to prevail on […]

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Statute of Limitations for Quiet Title Claims

A quiet title claim is a request to the Court to determine all interests in a parcel of real estate. It is often used to clear title and ownership disputes. Though it is not frequently an issue, there is a limitations period to bring such a claim. Specifically, there is a ten (10) year statute […]

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Abatement, Multiple Lawsuits

Because of procedural rules and/or general litigation strategy, more than one lawsuit is sometimes filed in a different court. In certain circumstances, “abatement” limits subsequent or separate lawsuits. Under abatement (a/k/a “pending action doctrine”), when a claim involves the same subject matter and parties as a previously filed suit so that the facts and issues […]

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Omitted Spouse, Non-probate Transfer

Part of the reason that probate litigation is complex is because there are procedural and substantive differences in how will, trust, joint ownership and non-probate transfer disputes are handled — even though these devices are often used by individuals interchangeably. With wills, pursuant to ยง 474.235, RSMo an “omitted spouse” is granted the right to […]

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Oral Partnership Agreements

It is important to get it in writing, especially when it comes to business ventures. Contrary to popular belief, it is possible for a business partnership to exist without a writing saying so. If a court determines that a partnership exists, then this means that the partners owe each other a host of fiduciary duties. […]

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Nuisance: Real Property/Estate Interference

An owner of real estate may maintain a lawsuit for nuisance if there is an unreasonable, unusual, or unnatural use of one’s property so that it substantially impairs the right of another to peacefully enjoy his or her property. Frank v. Envtl. Sanitation Msgmt, Inc., 687 S.W.2d 876, 880 (Mo. 1985). A nuisance claim is […]

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Power of Attorney Self-Dealing

An attorney-in-fact acting for a principal under a power of attorney instrument has a legal obligation to act in the principal’s best interests. For this reason, certain powers must be expressly authorized to be valid. Section 404.710.6, RSMo provides, in part, that there must be express written authority in the power of attorney document for […]

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Trustee Removal: Lack of Fitness, Unwillingness

Trustee removal is complex litigation. Missouri has mostly adopted the uniform trust code, which authorizes trustee removal for cause when (among other circumstances) there is “unfitness” or “unwillingness” of a trustee. Most trustee removal claims center on allegations of breach of trust, failure to effectively administer or lack of cooperation among co-trustees. However, “unfitness” and […]

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