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 [...]