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…
Legal Articles
Undue Influence Between Spouses/Husband and Wife
Undue influence is a legal theory which may be used to invalidate a document, usually a will, trust or non-probate transfer. Undue influence occurs when a signer of a document is influenced by “force, coercion, or overpersuasion” such that it destroys the signer’s free agency. Tobias v. Korman, 141 S.W.3d 468, 475 (Mo. Ct. App….
Duress: Trusts & Contracts
Wills, trusts, contracts, deeds and other legal documents may be voided if they were executed under duress. As an initial matter, a duress claim is distinct from a claim to set aside a document based on undue influence, lack of capacity or fraud. To make a successful claim for duress, the plaintiff must prove that…
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….
Minors in Court, Minor Settlements & Contracts
Minors (i.e., those under 18) or those without legal capacity are not permitted to represent themselves in court. If the litigant is a minor, there needs to usually be a next friend appointed with the Court who acts on the minor’s behalf. The next friend, in turn, can retain attorneys and enter into contracts on…