“Virtual representation” is a judge-made preclusion doctrine where an order or judgment against one party binds another. Specifically, it precludes and prevents the relitigation of a claim if “the interest of the represented and the representative are so identical that the inducement and desire to protect the common interest may be assumed to be the…
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…