A claim that a transfer of property is in fraud of marital rights is where a spouse, after the death of the other spouse, seeks to set aside and void a property transfer. It is a unique type of fraud, separate and distinct from the traditional fraud which consists of nine elements. “If established, the…
Legal Articles
Undue Influence Between Spouses/Husband and Wife
Undue influence is a legal theory which may be used to invalidate a document, usually a will, trust or non-probate transfer. Undue influence occurs when a signer of a document is influenced by “force, coercion, or overpersuasion” such that it destroys the signer’s free agency. Tobias v. Korman, 141 S.W.3d 468, 475 (Mo. Ct. App….
Spousal Abandonment, Probate Inheritance
Sometimes very unexpected developments can occur in probate litigation. This is largely because there are very unique probate laws in Missouri. For example, a spouse who “abandons” a deceased spouse waives any inheritance interest he or she may have in the deceased spouse’s estate. Specifically, Section 474.140, RSMo provides that: If any married person…