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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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Trust Litigation & Disputes: Mediation and Arbitration

Because probate, trust and estate litigation is often quite complex and expensive (e.g, breach of trust, trustee removal, trust contests),  many estate planning and drafting attorneys have included provisions to try to avoid or expedite these problems if a dispute arises down the road. An increasingly common way they combat this is by including mandatory […]

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Trustee Removal Lawsuits, Litigation

If you are unhappy with a trustee, can you remove the trustee? The answer to that question is “yes,” but there needs to be a specific legal basis for it. You will not prevail on a trustee removal case in court simply because you do not like the trustee(s).  Section 456.7-706, RSMo governs trustee removal in […]

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