There can be a legally binding contract to create a last will and testament. Though quite rare, how this usually would look is that one party agrees to leave something to the other contracting party in his/her last will and testament. Breach of contract to make a will is a recognized claim in Missouri. Easley v….
Legal Articles
Trust Litigation
Trust litigation is becoming more frequent. This is due to a number of factors, such as changes in trust laws and an ageing segment of the population who created trusts. Another important factor is that the Uniform Trust Code, which has been mostly adopted in Missouri, permits a broad range of individuals to file lawsuits…
Attachment, Missouri Judgment Collection
Under Missouri procedural rules, an “attachment” is a prejudgment remedy by which property can be taken into custody to satisfy an anticipated judgment. It does not create a right to a judgment or debt. Instead, it provides a means of enforcing a judgment. In essence, an attachment is designed to allow a plaintiff take control of…
Business Judgment Rule
In Missouri, the “Business Judgment Rule” is a legal principle which protects directors and officers of a corporation from liability for decisions made within the director’s or officer’s authority that are made in good faith and uninfluenced by any other consideration than the honest belief that the action serves the best interests of the corporation. Betty…
Boundary by Acquiescence vs. Adverse Possession
Adverse possession and boundary by acquiescence are similar but distinct legal claims in Missouri. Adverse possession is a claim which permits a person to obtain title to real estate if they have used and treated it as his or her own for a significant period of time. To succeed on a claim of adverse possession, a…
Contract Litigation: Silence as Acceptance
A contract is only enforceable if there is mutual assent and consideration. Meco Systems v. Dancing Bear Entm’t, 42 S.W.3d 794, 803 (Mo. Ct. App. 2001). With respect to mutual assent, courts look to the “objective manifestations of intent” to determine whether there was a “meeting of the minds.” Don King Equipment Co. v. Double D Tractor…
Failure of Consideration vs. Lack of Consideration: Promissory Notes, Contracts
Promissory notes and contracts are similar in how they are interpreted and how they are to be enforced in court. To prevail on a claim for breach of a promissory note, a plaintiff needs to show (1) that there is a valid promissory note signed by the maker of the note, (2) that there is…
Attorney Fees in a Divorce
A litigant is typically responsible for his/her own attorney fees in a lawsuit. This frequently has the practical effect of making litigation not so much about the merits of a case, but, instead, more about the cost of enforcement or defense versus the likelihood of success and exposure at trial. In Missouri, the two main…
Corporate Derivative Lawsuits, Settlement
A derivative action refers to a type of business/corporate lawsuit. They are equitable actions which “place in the hands of the individual shareholder a means to protect the interests of the corporation from the malfeasance of faithless directors and managers.” Kamen v. Kemper Fin. Servs., Inc., 500 U.S. 90, 95 (1991). In essence, it is a…
Probate Attorney Help in Saint Louis, Missouri
Probate courts are set-up primarily to address property owned by someone when they die. It is designed to be an orderly system whereby property and inheritance are distributed to heirs while simultaneously winding-up the financial affairs of the decedent. Though probate courts specialize (in a sense) in estate administration, the process is cumbersome and can…