Missouri Lawyers Media » Probate opinion

Probate: Will Contest – Necessary Parties – Omitted Heirs

Kraemer v. Maniscalco (MLW No. 61161/Case No. ED94239 – 6 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., J.)

Probate: Revocable Living Trust – Accounting – Incapacity

Peters v. Peters (MLW No. 61162/Case No. ED94219 – 6 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Probate: Bank Account Proceeds – Right Of Survivorship – Power Of Attorney

Baxter v. Stidham (MLW No. 60994/Case No. SD29969 – 9 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.)
Where appellant was the co-owner with decedent and another individual of two bank accounts, which included rights of survivorship, and decedent died intestate, the trial court erred in concluding that decedent’s siblings were entitled to the [...]

Probate: Constructive Trust – Unjust Enrichment – Res

Ralls County Mutual Insurance Company v. RCS Bank (MLW No. 60832/Case No. ED92732 – 9 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., J.)
Where an insurance company brought an action against a bank and several individuals seeking a constructive trust after a former officer of both the insurance company and the bank misappropriated funds, [...]

Probate: Probate Court Order – Interlocutory Order – Timeliness

Denton v. Missouri Department of Health (MLW No. 60841/Case No. WD71327 – 6 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)
Where a state department appealed an order entered in probate proceedings and the order was immediately appealable under Section 472.160.1 since the interlocutory probate orders listed in the section are final for purposes of [...]

Probate: Revocable Trust – Transfer Of Property – Marital Rights

Morton v. Morton, et al. (MLW No. 60517/Case No. SD29620 – 10 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
Where a husband and wife created a joint, revocable trust and the husband later transferred some of the trust property to a new, revocable trust without her knowledge, the husband’s conduct wrongfully deprived the wife [...]

Probate: Trust Asset Management – Fiduciary Duty – Affirmative Defenses

Schumacher v. Schumacher (MLW No. 60265/Case No. WD70465 – 11 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Where trust beneficiaries brought an action against trustees arguing that trustees lacked authority to convert the trust assets into assets of a partnership, the trial court did not err in addressing the issue of whether the trustees [...]

Probate: Trust Amendment – Testamentary Capacity – Attorney’s Fees

In the Matter of Gene Wild Revocable Trust v. School of the Ozarks, Inc. (MLW No. 59970/Case No. SD29430/SD29684 – 30 pages) (Missouri Court of Appeals, Southern District, Barney, J.)
(1)Where a trust beneficiary disputed the effectiveness of trust instruments, the probate court’s finding that the documents properly amended the trust is affirmed, and a beneficiary [...]

Probate: Presentation of Will – Time Limit – Writs Clarified

State ex rel. Luanne S. Unnerstall v. Berkemeyer (MLW No. 59865/Case No. SC89982 – 13 pages) (Supreme Court of Missouri, Wolff, J.; all concur)
Where a probate court allowed the admission of a will to probate even though the executor failed to present it within one year of the decedent’s death as required by statute, the [...]

Probate: Charitable Gift – Enforcement – Standing

Hardt v. Vitae Foundation, Inc. (MLW No. 59844/Case No. WD70525 – 11 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)
Where plaintiffs who made charitable gifts to a pro-life organization as executors of an estate brought an action for an accounting and seeking an injunction of further expenditures and restoration of any funds spent in [...]

Probate: Guardianship – Removal Of Restrictions – Court’s Authority

In Re Estate of Posey v. Bergin (MLW No. 59808/Case No. ED91483 – 32 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.)
Where a father petitioned for the removal of his daughter as his guardian and asked the probate court to remove restrictions placed by his daughter on his visitors, mail and phone calls, the [...]

Probate: Sexual Predator – Jury Instruction

In the Matter of the Care and Treatment of Theodore Ginnery (MLW No. 59775/Case No. SD29340 – 5 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
Where a man found to be a sexually violent predator argued that the words “for the rest of his natural life” should be added at the end of a [...]

Probate: Incapacitated Individual – Private Counsel – Motion To Disqualify

Schieber v. Schieber (MLW No. 59719/Case No. WD70095 – 11 pages) (Missouri Court of Appeals, Western District, Howard, P.J.)
Where a court-appointed counsel for an incapacitated person filed a motion to disqualify a private counsel who had filed an entry of appearance and who had represented the incapacitated person’s sister in a motion to remove a [...]

Probate: Discovery Of Assets – Settlement Offer – Evidence

In the Estate of Bell v. Bell (MLW No. 59673/Case No. WD69776 – 13 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
(1)Where a trial court approved a personal representative’s compromise settlement on a petition for discovery of assets, the judgment is reversed and remanded because there was no documentary evidence before the court to [...]

Probate: Trust – Undue Influence – Effect Of Will

Puzzanchera, et al. v. Loetel (MLW No. 59609/Case No. SD28895 – 18 pages) (Missouri Court of Appeals, Southern District, Bates, J.)
Where a disabled woman executed an irrevocable trust agreement to protect funds from her medical malpractice action and she was specifically prohibited from exercising a power of appointment in favor of her father, the trial [...]

Probate: Sexually Violent Predator – Commitment Proceeding – Voir Dire

In the Matter of the Care and Treatment of Randy Wolfe v. State (MLW No. 59549/Case No. WD69017 – 8 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Where a man committed as a sexually violent predator objected to the trial court’s restriction of his voir dire examination, the court allowed questioning on the critical [...]

Probate: Sexually Violent Predator – Cross Examination – Burden Of Proof

In the Matter of the Care and Treatment of Richard Croxton v. State (MLW No.59537/Case No. ED90808 – 11 pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.)
Where a man found to be a sexually violent predator “opened the door” to questions about his health when he questioned the state’s psychologist on the subject during [...]

Probate: Contested Will – Service – Good Cause Failure

Root, et al. v. England, et al. (MLW No. 59478 – 20 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
Where siblings who were contesting their decedent brother’s will attempted to obtain service of process on 18 defendants who lived in seven states and were able to serve sixteen within the statutory 90-day period, the [...]

Missouri Court of Appeals Western District: Probate

In Re: Michael Fogle v. State (MLW No. 59336/Case No. WD69619 – 13 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.)
Sexually Violent Offender – Special Conditions – Non-Missouri Psychologist
(1)Where a trial court ordered an individual committed as a sexually violent offender and the man claimed in a motion to dismiss that a psychologist [...]

Important Opinions: Probate

Medicaid
Estate Recovery Program
Non-Probate Transfer
Even though a decedent transferred his only asset, which was his home, to his children by beneficiary deed and no estate was opened, the court agrees with its Eastern and Southern Districts that the state has standing as a creditor to bring an action for accounting under Section 461.300 to [...]