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Modification of Trust Because of Unanticipated Circumstances

Under Section 456.4-412, RSMo, the Court may modify an irrevocable trust if, because of circumstances not anticipated by the settlor/trust-maker, the modification or termination will further the purposes of the trust. This statute obviously adds great flexibility to the Court’s ability to change the terms of a trust. This was largely in response to situations […]

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Maintenance / Alimony Modification

Spousal maintenance or alimony awards are often modifiable. What this means is that if there is a change in circumstances (e.g., income) bewteen the parties after the maintenance is originally entered, then a subsequent motion to modify maintenance can be filed to appropriately change the amount, duration and/or frequency of the maintenance.  Under Section 452.370.1, […]

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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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