Probate Deadlines

Deadlines in probate litigation and administration are often unforgiving. For instance, a will must be presented to the correct probate court within a year or it is essentially a dead letter. Will contests and estate disputes must be pursued very quickly.

When it comes to probate deadlines, Missouri Courts have “consistently rejected such policy arguments — however compelling — under the principle of legislative deference.” Estate of Mickels, 542 S.W.3d 311, 314 (Mo. 2018). The key reason for this is that the “expeditious resolution of probate proceedings is a legitimate State interest.” Estate of Wright, 950 S.W.2d 530, 534 (Mo. App. W.D. 1997). Indeed, an overriding goal of the Probate Code is to “provide a speedy method for administering a decedent’s estate.” North v. Hawkinson, 324 S.W.2d 733, 736 (Mo. 1959).

Attorney Fees in Will Contests

January 10, 2024

The general rule is that a party is responsible for his/her own attorney fees in litigation, regardless of the outcome. The usual exception to this rule is if there is an applicable statute or contract which calls for an award of attorney fees. “Whether a trial court had authority to award attorney fees is a question…

Resulting Trusts

December 23, 2023

Resulting trusts and constructive trusts are nebulous equity concepts in the law. Both are generally viewed as remedies. Both are “implied trusts.” Colonial Presbyterian Church v. Heartland, 375 S.W.3d 190, 195 (Mo. App. W.D. 2012). A resulting trust is “implied by law to meet the requirements of justice that a legal status be given to what…