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Breach of Fiduciary Duty and Compensation Forfeiture

A breach of fiduciary duty occurs when an individual or entity fails to follow his, her or its fiduciary obligations. More often than not, it is used by a plaintiff as a legal basis for damages against someone who breaches his or her fiduciary duty (e.g., failure to manage property,  misappropriation of funds, etc.). It […]

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Power of Attorney Litigation

A power of attorney (“POA”) is a legal document where a principal appoints an attorney-in-fact to take actons on the principal’s behalf. The authority granted to an attorney-in-fact most often pertains to financial decisions and healthcare decisions. An attorney-in-fact owes a fiduciary duty to the principal and must act in the principal’s best interests.  The probate […]

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Fraud Under the Probate Code

Fraud under the probate code is a legal claim in Missouri codified in Section 472.013 RSMo. It states as follows:  Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code, or if fraud is used to avoid or circumvent the provisions or purposes of this code,any person injured […]

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Breach of Contract to Make a Will

There can be a legally binding contract to create a last will and testament. Though quite rare,  how this usually would look is that one party agrees to leave something to the other contracting party in his/her last will and testament. Breach of contract to make a will is a recognized claim in Missouri. Easley v. […]

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Trust Litigation

Trust litigation is becoming more frequent. This is due to a number of factors, such as changes in trust laws and an ageing segment of the population who created trusts. Another important factor is that the Uniform Trust Code, which has been mostly adopted in Missouri, permits a broad range of individuals to file lawsuits […]

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Corporate Derivative Lawsuits, Settlement

A derivative action refers to a type of business/corporate lawsuit. They are equitable actions which “place in the hands of the individual shareholder a means to protect the interests of the corporation from the malfeasance of faithless directors and managers.” Kamen v. Kemper Fin. Servs., Inc., 500 U.S. 90, 95 (1991). In essence, it is a […]

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LLC Litigation, Involuntary Dissolution

Although corporations and limited liability companies (“LLC”) have many similar legal characteristics, they do have some dissimilarities when it comes to litigation. Both corporations and LLCs may be involuntarily dissolved by the Missouri attorney general or shareholders or LLC members. There is a clear difference , however, in when a shareholder may move to dissolve a corporation […]

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Corporate Litigation: Involuntary Dissolution and Liquidation

Generally, corporate “dissolution” refers to the termination of the corporation. It can happen voluntarily or involuntarily. In Missouri, certain corporations may be involuntary dissolved based upon a lawsuit by a shareholder. Dissolution of a corporation is an equitable action granted by Missouri statutes. Struckhoff v. Echo Ridge Farm, Inc., 833 S.W.2d 463, 466 (Mo. Ct. App. 1992). […]

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Employment Contracts, Litigation

Missouri law tends to favor employers in employer-employee relationships. Generally, employees are usually hired on an “at-will” basis in Missouri. This means that an employer can hire or fire an employee for most any reason, provided that there is no unlawful discrimination or other illegality that exists in connection with the employment decision. Thus, an […]

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Time Limitation to File Breach of Trust Claims in Missouri

A breach of trust is a violation of a duty a trustee owes to a beneficiary. It can result in the payment of money damages. If it is a serious breach of trust, it may result in the Court removing the trustee. How long does a beneficiary have to file a breach of trust and/or […]

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