Probate, Will, Trust & Estate Representation & Litigation

We handle a wide variety of cases relating to probate, wills, trusts, and estates. These cases range from planning “simple” estates to complex will and trust litigation pertaining to multi-million dollar estates.
We handle estate administrations, small estate affidavits, refusal of letters, guardianship, conservatorship, and discovery of assets claims. For wills, we represent personal representatives, heirs and legatees in the estate administration process. When the circumstances warrant it, we have represented individuals in proceedings to remove a personal representative, for accounting, breach of fiduciary duty and requests to void a will for lack of capacity, duress, and/or undue influence.
Assistance with trust administration, as well as trust litigation and disputes, are becoming more prevalent. Our representation has extended to both trustees and beneficiaries and has included assistance with accounting and record-keeping, breach of trust proceedings, breach of fiduciary duty, petitions to modify irrevocable trusts, and petitions to remove trustees and to void trusts.
Contact with questions relative to probate, will, trust or estate representation and/or litigation.

Related Articles

Determining a Grantor’s Intent in Trusts

November 4, 2023

When interpreting a trust, the Settlor’s “intent is controlling and such intention must be ascertained primarily from the trust instrument as a whole.” Berezo v. Berezo, 628 S.W.3d 737, 743-44 (Mo. App. E.D. 2021). Because language and circumstances vary, the Court must examine “the specific language as well as the surrounding circumstances.” Matter of TR…

Read More

Successor in Interest, Powers of Attorney

September 21, 2023

The term “successor in interest,” as of this writing, has not been defined in the context of power of attorney litigation. When someone mismanages his/her authority under a power of attorney, the principal, or his/her successors in interest, can file suit. The relevant statute defines “successor in interest”: “For purposes of this section, the principal’s…

Read More

Non-Monetary Claims Against the Estate

August 10, 2023

When an individual dies, there is generally no more than one year from the date of death to make a “claim” against his/her estate. The burden to commence a claim is the responsibility of the claimant. Mo. Highway & Transp. Com’n v. Myers, 785 S.W.2d 70, 73 (Mo. 1990). The general purpose of this deadline is…

Read More

Will Contests, Self-Proving Wills

March 30, 2023

Will contests are unique for several reasons. Perhaps most significantly, the burden is on the proponent of the document to prove the will was executed and that the testator possessed the requisite capacity. Many times the “proponent” of the will is the defendant in the lawsuit. So, the will contest instructions contemplate the defendant presenting…

Read More
Scroll to Top