Legal Articles

Consent/Ratification to Breach of Trust, Minors

Under certain circumstances, a trust beneficiary can consent to a trustee’s conduct that would otherwise constitute a breach of fiduciary duty. For a consent to be proper, the beneficiary must know of all material facts relating to the breach. Section 456.10-1009(2), RSMo. Missouri law, furthermore, imposes specific limitations on consent or ratification on behalf of…

Transfer in Fraud of Marital Rights, Disability/Minors

To prevail on a transfer in fraud of marital rights claim, a plaintiff/surviving spouse needs to show that the deceased spouse “gave away his [or her] property without consideration with the intent and purpose of defeating…marital rights.” Nelson v. Nelson, 512 S.W.2d 455, 459 (Mo. Ct. App. 1974). Section 474.150.2, RSMo states that there is…

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