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Trust Reformation, Mistake

Reformation is usually used in the context of a contract between two parties to correct a mistake and reform the contract to meet the parties’ intentions. It is, in other words, a court ordering a quasi re-writing, amendment and/or modification of a contract or written instrument. By way of example, reformation of a contract based […]

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Marital Property Division: Disclosure, Omission, Fraud, Mistake

Whether intentionally as part of a scheme to conceal and defraud, or an honest oversight, omissions occur in property disclosure statements and divorce decrees. In Missouri, the division of marital property — essentially all property and debt accrued/accumulated during the course of a marriage — is final and is not subject to division. Section 452.360.2, […]

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Deed Reformation, Mutual Mistake: Real Estate

To reform a deed means to correct an error. This is separate from filing a correction deed in that it is a formal request to a court for equitable relief. ¬†Although a reformation can be granted in a variety of circumstances, the most common is when there is a mutual mistake (one that is common […]

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