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…

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