When interpreting trusts, the intent of the settlor when the trust was created governs, and subsequent modifications are effective only in the manner expressed in the trust instrument. Banks v. Central Trust and Inv. Co., 388 S.W.3d 173, 176 (Mo. Ct. App. 2012). Generally, the settlor can modify the trust only in the manner provided…
Legal Articles
Modification of Trust Because of Unanticipated Circumstances
Under Section 456.4-412, RSMo, the Court may modify an irrevocable trust if, because of circumstances not anticipated by the settlor/trust-maker, the modification or termination will further the purposes of the trust. This statute obviously adds great flexibility to the Court’s ability to change the terms of a trust. This was largely in response to situations…
Changes/Modifications/Adjustments to Spousal Support
In Missouri, spousal maintenance/alimony can only be awarded when, among other things, the requesting spouse cannot meet his or her reasonable needs through property or employment. Whitworth v. Whitworth, 878 S.W.2d 479, 485 (Mo. Ct. App. 1994). A maintenance order can be permanent or short term. Depending on the language in a divorce judgment, a spouse’s maintenance/alimony…
Child Custody & Child Support Attorney
In Missouri, the most important factor a Court considers before making a child support or child custody decree is the best interests of the child(ren). When parents disagree about what is in a given child’s best interests, the Court will often appoint a guardian ad litem to represent the child if he or she is…