A will or trust is void if the person making it lacked sound mind at the time of execution. Watson v. Watson, 562 S.W.2d 329, 331 (Mo. 1978). In Missouri, an individual who has enough mind and memory to understand the ordinary affairs of life, knows the nature and extent of his/her property and who are the…
Legal Articles
Challenging Nonprobate Transfers (Beneficiary Designations, Transfer on Death, Pay on Death)
Nonprobate transfers are becoming increasingly popular in estate planning. They are simple, avoid probate and allow certain people to receive your properly immediately upon your death. They can be used by themselves or in conjunction with trust or will-centered estate plans. In application, they function by automatically and contractually conveying all ownership of a particular item…
Probate, Will, Trust & Estate Representation & Litigation
We handle a wide variety of cases relating to probate, wills, trusts, and estates. These cases range from planning “simple” estates to complex will and trust litigation pertaining to multi-million dollar estates. We handle estate administrations, small estate affidavits, refusal of letters, guardianship, conservatorship, and discovery of assets claims. For wills, we represent personal representatives,…
Undue Influence: Estate/Trust/Will Challenges in Missouri
In order to execute a legal document, which include estate documents such as wills and trusts, the individual executing the document (testator in case of a will; settlor in case of a trust) must have legal capacity. In other words, they must be creating the document through their own volition and free from any sort…