Legal Articles

Witness Competence/Capacity to Testify

Though not as common as a case challenging someone’s capacity (e.g., guardianship, capacity to sign a will/trust/contract), pretty much any type of case in litigation can involve a question over the capacity of a witness to testify in court under oath. Missouri presumes that a witness may competently testify, except a number of statutory exceptions…

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,…

Assignments: Deeds, Contracts, Accounts, Promissory Notes, Successor in Interest

Many times contracts, promissory notes, deeds or other accounts are sold and transferred to other individuals or entities. After such transfer, proof of an assignment/transfer of the underlying instrument is essential in the event that a suit is filed to enforce the instrument. Korte Costr. Co. v. Deaconess Manor Ass’n, 927 S.W.2d 395, 404 (Mo. Ct. App….

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