Trust and Probate Related Disputes

At Cowherd Reade Adair & Laney, we understand the pressure and responsibility of being appointed trustee or personal representative. In Missouri, as in many jurisdictions, these roles come with a set of fiduciary duties that are legally binding and are owed to the beneficiaries of a trust or estate. We are committed to ensuring that individuals understand and uphold these duties while advocating for beneficiaries when these duties are in question.

1. Duty of Loyalty: The trustee or personal representative must always act in the best interest of the beneficiaries and must not engage in transactions that could result in a conflict of interest or personal gain.

2. Duty of Care: Individuals in these roles must manage the trust or estate assets with the same level of care, skill, and diligence that a reasonably prudent person would use in a similar position.

3. Duty to Inform and Report: Beneficiaries have a right to be informed about the trust or estate’s administration. The trustee or personal representative must typically provide accurate and timely information and regular accountings to the beneficiaries.

4. Duty to Segregate Assets: The trust or estate’s assets must be kept separate from the trustee’s or representative’s assets. Co-mingling of funds or assets is strictly prohibited.

5. Duty of Impartiality: The trustee or personal representative must act fairly and impartially, ensuring that no beneficiary is unfairly favored over another.

6. Duty to Preserve and Protect Assets: The trustee or personal representative is responsible for ensuring the trust or estate assets are protected and invested wisely, avoiding undue risks.
7. Duty to Avoid Conflicts: Trustees and personal representatives should avoid situations where their interests could potentially conflict with the best interests of the beneficiaries.

Bearing these fiduciary duties is a significant responsibility with potential legal ramifications if breached. At swmo, we are here to support trustees and personal representatives in meeting these obligations and represent beneficiaries when fulfilling these duties is in question.

Whether you are stepping into the role of a trustee personal representative or beneficiary seeking clarity on your rights,Cowherd Reade Adair & Laney are here to guide and assist. Please get in touch with our expert team for trusted advice and representation.

In Missouri, as in many jurisdictions, undue influence is a legal concept that addresses situations where an individual is manipulated or coerced into making decisions that they would not have made if left to their own free will, particularly when creating a will or trust. At Cowherd Reade Adair & Laney, we recognize the complexities surrounding undue influence claims and work diligently to safeguard the genuine intentions of individuals.

Situations Which May Indicate Undue Influence:

1. Relationships of Dependence: One of the most common scenarios is when the testator or settlor (the person making the will or trust) is dependent on another individual for care or financial support. In these situations, there may be an opportunity for the caregiver or support provider to exert undue influence

2. Isolation from Family and Friends: Undue influence may arise when a person is isolated from their loved ones, making them more susceptible to manipulation by someone seeking to benefit from their estate.

3. Mental or Physical Vulnerability: Individuals with cognitive impairments, deteriorating health, or those under heavy medication might be more easily influenced. Their weakened state can be exploited by those looking to exert control over their decisions.

4. Sudden Changes to a Will or Trust: If a will or trust is suddenly and drastically altered, especially in favor of a new or unexpected beneficiary, this can raise suspicions of undue influence.

6. Disproportional Benefits: If one beneficiary receives a substantially larger portion of the estate without a clear rationale, it may be a sign that undue influence was at play.
7. Over-involvement in Estate Planning: If a particular individual becomes overly involved in the process of drafting or modifying a will or trust, it could be an indication of potential undue influence. This is especially true if that individual stands to benefit significantly from the changes.

6. Secrecy or Haste: If a will or trust is created secretly or hurriedly, without the usual careful consideration or without consulting with trusted family members or advisors, it might suggest undue influence.

It’s important to understand that the mere presence of one or more of these factors does not conclusively prove undue influence. However, they can be red flags warranting further investigation.

If you believe that you or a loved one’s will or trust may have been affected by undue influence, or if you’re facing allegations of exerting undue influence, contact Cowherd Reade Adair & Laney.  Our experienced attorneys can provide guidance, support, and legal representation to ensure that justice prevails and the genuine wishes of individuals are upheld.

Trusts and estates often requires careful coordination between multiple parties. Indeed, tensions can arise between a trustee or personal representative and the beneficiaries. Disagreements are common, and understanding the potential areas of contention can lead to more informed decisions and smoother estate or trust administration.

1. Distribution of Assets: One of the most prevalent areas of contention revolves around the distribution of assets. Beneficiaries might disagree with the timing, manner, or amounts distributed by the trustee or personal representative.

2. Management of Assets: Beneficiaries might take issue with how a trustee manages trust assets, especially if they believe the assets are being mismanaged, invested poorly, or not being used in their best interest.

3. Accounting and Reporting: A trustee or personal representative is generally required to provide regular accountings. Disputes can arise over the frequency, detail, or accuracy of these reports.

4. Compensation: Beneficiaries may contest the fees or compensation taken by a trustee or personal representative, deeming them excessive or unwarranted.

5. Interpretation of Will or Trust Terms: Ambiguities or perceived ambiguities in the terms of a will or trust can lead to disagreements over interpretation. A beneficiary might believe that the trustee or personal representative is not acting in accordance with the deceased’s true intentions.

6. Communication Issues: A lack of clear communication or perceived secrecy can result in misunderstandings or mistrust between beneficiaries and trustees or personal representatives.

7. Conflicts of Interest: Allegations that the trustee or personal representative is acting in their own best interest rather than those of the beneficiaries or the estate can lead to significant disputes.

8. Delay in Administration: Beneficiaries may become frustrated with delays in the administration of the trust or estate, especially if they perceive the trustee or personal representative as being inefficient or procrastinating.