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…
Legal Articles
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…
Minor/Child Name Change — Contested, Consensual
An adult name change (i.e., an individual over age 18) is a relatively straightforward procedure. Things become procedurally more complex when a minor’s name is to be changed. Among other things, a Court approved “next friend” must represent the minor in Court because a minor generally lacks capacity to represent himself/herself. When the parents or…