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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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