Legal Articles

Declaratory Judgment to Challenge Revocable Living Trusts

The use of revocable living trusts in estate planning is extremely common. Along with the rise of their use, challenges to the validity of revocable living trusts have also risen. Trusts may be contested on a number of grounds, the most common of which are lack of capacity, undue influence, fraud or duress. These claims…

Declaratory Judgments: Determining Contracts, Real Estate, Written Documents

Generally a court’s jurisdiction is limited to an ongoing case and controversy. However, in Missouri, an individual may petition the court for a declaratory judgment to determine certain rights, status, or other legal standing. In order for a Missouri Court to even entertain a declaratory judgment, it must be presented with: (1) a justiciable controversy that…

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