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Active Procurement: Undue Influence in Estate Litigation, Challenges

Undue influence is a common legal claim used in probate litigation to set aside, void or challenge a will, trust, deed or non-probate transfer. It is when the influencer substitutes his or her will for the person who is signing the document. Because this is a vague claim, Missouri cases have set forth three elements […]

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Trust Litigation: Set Aside, Void

An individual must have the requisite legal capacity to create a trust. Under Section 456.6-601, RSMo, “the capacity required to create, amend, revoke or add property to a revocable trust…is the same as that required to make a will.” The capacity required to make a will (and hence a trust, too) has been thoroughly developed […]

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Default Judgments: Void, Set Aside

A default judgment occurs when a defendant is served with a lawsuit and fails to properly respond. The plaintiff automatically wins by default and usually receives the relief requested in the lawsuit. A default can be interlocutory (non-final and usually as to liability only) or a full default judgment (final as to liability and damages). Missouri […]

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