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business litigation

trust and estate litigation

Action to set aside a trust or will

We represented the successor trustee of his father's revocable trust. The only asset in the trust was the father's home. An earlier version of the father's trust provided that the home would be distributed upon his death to his daughter. The father later amended his trust to provide that the home would be divided equally between his son and daughter.

After the father died, the daughter sued our client, both individually and in his capacity as successor trustee, asking the Court set aside the later trust amendment, alleging that her father lacked the necessary mental capacity to amend his trust, or that her father amended the trust as a result of undue influence exerted by her brother.

After an unsuccessful attempt to reach an amicable resolution of the dispute, we tried the case in St. Louis County Circuit Court, obtaining a judgment in favor of our client.

The court upheld the validity of the trust amendments, ordered the sister to deliver possession of the property to our client as trustee, and required her to pay rent to the trust for the period during which she occupied the property without permission.


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