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Trusts and Supervised Administration

A primary selling point for trusts is that they are generally administered independently and outside of the court. Rather than rely on court orders and instructions, the trustee distributes the property per the directives articulated in the trust instrument. While this may be a benefit in many circumstances, sometimes it is more beneficial to have a trust supervised, particularly when the administration is complex or there are concerns or facts relating to the trustee improperly handling the trust.

Missouri law permits an interested person and/or beneficiary in the trust to request judicial supervision. In expansive terms, Section 456.2-201, RSMo provides, in part, that “[t]he court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person…[a] trust is not subject to continuing judicial supervision unless ordered by the court.”

Contact with questions about estate litigation, trust litigation, breach of trust matters or trusts generally.