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Prudent Investor Rule, Asset Management, Fiduciary Litigation

A fiduciary (e.g., trustee, personal representative, etc.) has an obligation to invest and manage assets as a “prudent investor” would. When making investment and management decisions, the fiduciary should consider the purposes, terms, distribution requirements and other circumstances of the trust or fiduciary relationship. O’Riley v. US Bank, NA, 412 S.W.3d 400, 414 (Mo. Ct. App. […]

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Corporate Officer-Director Duties, Post Employment Responsibilities

Officers and directors of a corporation occupy a fiduciary position in relation to the corporation and its shareholders. The position is one of trust and officer and directors are obligated to act with fidelity and must subordinate their personal interest to the interest of the corporation should there be a conflict. Johnson v. Duensing, 351 S.W.2d […]

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Confidential/Fiduciary Relationship in an Undue Influence Claim

Undue influence is “influence which by force, coercion, or over-persuasion destroys the free agency of the [individual signing a document].” Tobias v. Korman, 141 S.W.3d 468, 475 (Mo. Ct. App. 2004). If undue influence existed, then the underlying document is void. Undue influence generally is litigated in cases involving the validity of wills, trusts or other […]

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