Missouri Probate Law
 

In the Interest of: Z.N.B. and A.L.C.

Van Buren, Missouri family law lawyers represented the parties in a guardianship dispute.


Z.N.B. was born in April 2014, and A.L.C. was born in October 2020. The Children share the same biological mother, A.C. (Mother). Mother's mother, F.V. (Grandmother), and Great Aunt are sisters.

In April 2014, when Z.N.B. was born, Mother was staying with Great Aunt, who babysa... More...
   $0 (11-14-2024 - MO)

Deborah Pagoria v. Jerrold Pagoria


St. Louis, Missouri divorce lawyers represented the parties in a marriage dissolution case.




Appellant and Decedent were divorced in August 2013, approximately ten years before Decedent's death. As part of the Judgment of Dissolution of Marriage, both parties entered into a Property Settlement and Separation Agreement (the "Agreement"), which was incorporated into t... More...
   $0 (07-02-2024 - MO)

Mary Beth Jones v. Adam Christopher Jones


Bolivar, Missouri probate lawyers represented the parties in a probate dispute.




After the 2023 death of Quentin Jones (Decedent), his son, Adam Jones (Son), filed an application for letters of administration with the probate division of the Polk County Circuit Court (Probate Division). Letters of administration were issued to Son. Thereafter, Decedent's su... More...
   $0 (08-18-2024 - MO)

United States of America v. JAMES MICHAEL BARTLEY

St. Louis, MO - Criminal defense lawyer represented defendant with a unlawful possession of a firearm charge.



In 2011, Bartley was stopped for driving under the
influence (DUI). After Bartley’s defense counsel questioned
his competence to stand trial, the state court ordered a mental
evaluation under Idaho ... More...
   $0 (09-03-2021 - MO)

Cassondra Suzeth King; Susan Christine Mullen v. United States of America

St. Louis, MO - Federal Tort Claims Act (FTCA) lawyer represented Plaintiffs - Appellants with a lack of subject-matter jurisdiction claim.



On March 24, 2017, Rosemarie Ismail, a 69-year-old veteran of the U.S. armed
forces, went to the John Cochran Division of the U.S. Department of Veterans Affairs
(VA) St. Lou... More...
   $0 (08-07-2021 - MO)

Cassondra Suzeth King; Susan Christine Mullen v. United States of America

St. Louis, MO - Wrongful death lawyer represented plaintiffs with the VA Hospital negligently caused Ismail’s death by failing to properly perform the liver biopsy and by failing to detect the hematoma.



On March 24, 2017, Rosemarie Ismail, a 69-year-old veteran of the U.S. armed
forces, went to the John Cochran Division o... More...
   $0 (08-01-2021 - MO)

Phyllis Schlafly Revocable Trust v. Anne Cori




In this consolidated appeal, the Phyllis Schlafly Revocable Trust (PSRT), Eagle
Trust Fund (ETF), and Eagle Forum Education and Legal Defense Fund (EFELDF)
(collectively, the trusts) appeal from the district courts1 denia... More...
   $0 (05-22-2019 - MO)

Teena Simon v. Bryn A. Myers





Bryn Myers appeals from a judgment holding that her deceased brothers
widow, as the personal representative of his estate and his sole heir, has standing
as a beneficiary under a family trust. She contends the circuit court misapplied the
law because h... More...
   $0 (12-18-2018 - MO)

John P. Strake vs. Robinwood West Community Improvement District

Robinwood is a public governmental body as defined in section 610.010(4) of
the Sunshine Law. Mr. Strake resides within Robinwoods borders. Mr. Strake
submitted a written request, pursuant to the Sunshine Law, for disclosure of documents
related to Robinwoods settlement of a personal injury lawsuit. The settlement
agreement included a confidentiality clause providing tha... More...
   $0 (11-12-2015 - MO)

Michael Wallace v. Claire Wallace

Collateral to an ongoing divorce proceeding in Missouri state court, Michael Wallace filed an identity theft tort claim in federal court under Mo. Rev. Stat § 570.223 against his wife, Claire Wallace, and alleged diversity jurisdiction, see 28 U.S.C. § 1332(a)(1). Michael asserted that during their marriage Claire stole his identity and “surreptitiously open[ed] multiple credit cards in [his] ... More...    $0 (11-20-2013 - MO)

Randy Nolan v. Cathy Snead

A personal representative of a decedent’s estate failed to provide actual notice of the probate proceeding to children whom the decedent was alleged to have sexually abused. Because of the failure to notify the children, their claims1 against the estate were filed beyond the statutory six-month requirement found in section 473.360.2 The children’s father, their sole custodian and guardian, fil... More...    $0 (01-29-2013 - MO)

William O. Welman v. Cameron Bunting Parker

The parties are former partners in the law firm of Welman, Hively, Godley & Parker, L.L.P. ("the partnership"). After Appellant Cameron Bunting Parker ("Parker") left the firm, her former partners, William O. Welman, Brian D. Hively, and Barbara A. Godley ("former partners"), brought an action for an accounting in an attempt to recover legal fees Parker had received after leaving the firm in cases... More...    $0 (01-04-2013 - MO)

In the Estate of Beulah A. Sullivan, Deceased, v. Neil Sullivan

Gay Ann Weadon, personal representative of the estate of Beulah A. Sullivan (“Weadon”), appeals the judgment of the probate division of the circuit court granting Neil Sullivan’s application for partial distribution and petition to discover assets and denying Weadon’s motion for contempt. We affirm the judgment of the probate division as modified.

I. BACKGROUND

Beulah A. Sull... More...
   $0 (05-22-2012 - MO)

Walden Homeowners Association v. Kevin Shafinia

Kevin Shafinia appeals from a judgment of the Circuit Court of Platte County, which dismissed his application for a trial de novo following the entry of a judgment against him for $1,184.77 by the court’s associate circuit division. For the reasons explained below, we dismiss Shafinia’s appeal.

Factual Background

Respondent Walden Homeowners Association filed the underlying l... More...
   $0 (11-22-2011 - MO)

Carolyn A. Cassidy v. Stephanie M. Cassidy

This is an appeal brought by Stephanie Cassidy (Stephanie), in her capacity as the personal representative of the Estate of Ray Cassidy (Ray), from a judgment issued by the probate division of the Circuit Court of Crawford County, Missouri.1 The trial court entered a declaratory judgment determining that a written antenuptial agreement (Agreement) between Ray and his wife, Carolyn Cassidy (Carolyn... More...    $0 (11-21-2011 - MO)

Harvey Duane Barker v. City of Springfield

The City of Springfield (“City”) appeals a declaratory judgment in favor of Harvey Duane Barker, as Trustee under the Joint Revocable Trust Agreement of Harvey Duane Barker and Rose Marie Barker, dated December 15, 1993 (the “Barker Trust”); Paul G. Nahon, Sr., and Sharon Nahon, husband and wife; Farris Nahon, Jr., and Nancy Nahon, husband and wife; and Paul G. Nahon, as Trustee under Paul... More...    $0 (10-11-2011 - MO)

Patricia Tyson v. Chicago Title Insurance Company

Before Division Two: James M. Smart, Jr., P.J., Mark D. Pfeiffer and Cynthia L. Martin, JJ. Chicago Title Insurance Co. ("Chicago Title") appeals the circuit court's entry of judgment in favor of Patricia Tyson, Respondent, on her petition for damages for negligence. We reverse.

Statement of Facts

This case involves switched legal descriptions in relation to two properties (two u... More...
   $0 (09-27-2011 - MO)

Laura B. Downs v. Eldon Bugg

Eldon Bugg ("Bugg") appeals from the trial court's judgment approving a Statement of Account, entering an Order of Complete Settlement, and discharging the Personal Representative. Bugg contends that the trial court erred in: (1) not disqualifying trial court judge, Deborah Daniels ("Judge Daniels"), because Bugg timely filed an application for disqualification; and (2) overruling Bugg's objection... More...    $0 (11-30--0001 - MO)

Patricia Tyson v. Chicago Title Insurance Company

Chicago Title Insurance Co. ("Chicago Title") appeals the circuit court's entry of judgment in favor of Patricia Tyson, Respondent, on her petition for damages for negligence. We reverse.

Statement of Facts

This case involves switched legal descriptions in relation to two properties (two units of a duplex) located in Jackson County, Missouri, with street addresses of 106 and 108 SW D... More...
   $0 (09-27-2011 - MO)

In the Matter of A.C. Smith

Lillie Lang appeals the denial of motions she filed “on behalf of” her brother, A.C. Smith, in his guardianship/conservatorship case. Smith died during this appeal, which now is moot.

Background

Smith’s daughter petitioned to appoint a guardian and conservator for her father, and for emergency appointment of a temporary guardian and conservator. She alleged that Smith could not... More...
   $0 (08-15-2011 - MO)

Carolyn Schubert v. Auto Owners Insurance Company

Auto Owners Insurance Company (“Auto Owners”) appeals the order granting summary judgment in favor of Carolyn Schubert and awarding her $124,500, the face value of the insurance policy sold to her by Auto Owners. Because Schubert owned a one-half interest in the dwelling covered by the policy, which was completely destroyed by fire, Auto Owners offered to pay her half of the policy value. Auto... More...    $0 (08-12-2011 - MO)

Joy R. Webster v. Otwo I, Inc., et al.

Appellant Joy R. Webster, in her capacity as bankruptcy trustee, filed suit against Respondents Otwo I, Inc., et al. (collectively “Otwo”), alleging that Otwo was liable for injuries sustained by Patrick M. Kronin while at work. The circuit court dismissed Webster‟s petition as time barred. We affirm. Factual

Background

Patrick and Lynn Kronin initially filed suit against Otwo... More...
   $0 (10-28-2009 - MO)

Justine M. Bell v. Roland Bell, Randy Bell, Dennis Bell, Marc Bell and Allison Bell, and Kevin Anderson

Justin Bell appeals the trial court‟s judgment approving the Estate of Florence M. Bell‟s (“the Estate”) personal representative‟s compromise settlement on Justin Bell‟s petition for discovery of assets. On appeal, Justin Bell has one point in which he claims that the trial court erred in approving the personal representative‟s settlement because there was no evidence at the hearing ... More...    $0 (09-15-2009 - MO)

Jami Jo Ross v. John David Everhart, Sr., Brian Keith Everhart, Linda Schlax, and Glenda Metcalf

Jami Jo Ross (plaintiff) appeals a declaratory judgment rendered in an action she brought against Brian Keith Everhart and Linda Schlax (collectively referred to as defendants).(FN1) The petition sought determination that debts secured by real estate that would be distributed to plaintiff from a trust established by Elmer H. "Bud" Everhart (settlor) would be paid from trust assets; that the real... More...    $0 (01-30-2009 - MO)

Carrie A. Mallory v. Rebecca Lake Wood, etc.

Carrie A. Mallory appeals the district court’s1 order directing that benefits from an ERISA-regulated life insurance plan be turned over to the probate estate of Eugene Wilson for distribution by the Missouri state court. Specifically, she challenges the district court’s finding, after a bench trial, that in August 2005 Wilson lacked the mental capacity to make a valid beneficiary designation.... More...    $0 (01-29-2009 - MO)

Tony Wayne Pulley v. Deborah Kay Short, et al.

This appeal stems from a suit involving a will contest and an antenuptial agreement brought by a surviving spouse. The surviving husband was omitted from his deceased wife's will. He brought suit asserting that he was a pretermitted spouse, an antenuptial agreement barring him from asserting his rights to the assets of a revocable trust was void and unenforceable, and the assets of the revocable t... More...    $0 (09-02-2008 - MO)

Mary Ann Arnold v. Bank of America

This case is one of the "at least five class actions in various jurisdictions seeking redress for the same alleged injuries" as claimed by the plaintiffs in Siepel v. Bank of America, N.A., Nos. 07-1899/07-1906, 2008 U.S. App. LEXIS 10667, at *6 (8th Cir. May 19, 2008). Finding the case "nearly identical" to Siepel, which it had earlier dismissed, the district court1 dismissed all of the Appel... More...    $0 (06-18-2008 - MO)

In the Estate of Ross E. Johnson, Sr., Deceased; Zel M. Fischer, Personal Representative, Respondent v. Theodore M. Kranitz, Appellant.

Theodore M. Kranitz appeals an order of commitment entered in connection with a judgment of contempt for willful refusal to repay attorney's fees. We affirm. Theodore Kranitz is the senior member of the law firm of Kranitz & Kranitz, P.C., in Buchanan County. Mr. Kranitz was the attorney for the personal representative of the estate of Ross E. Johnson, Sr., in the probate court of Nodaway Coun... More...    $0 (07-28-2005 - MO)

Gail Ellen Winter v. George Wayne Winter

Gail Ellen Winter ("Wife") appeals from a Judgment and Decree of Dissolution of Marriage entered by the circuit court of Jasper County. She contends that the trial court erred in characterizing certain property as non-marital, in dividing marital property, and in requiring her to provide health insurance benefits for George Wayne Winter ("Husband"). We affirm in part and reverse and remand in p... More...    $0 (07-16-2005 - MO)

Donald J. Thiel, et al. v. Harold L. Miller, et al.

Diane Adell Burtrum, Robert Clay Killion, Nina Claire Tanner, Barbara Thiel, Michael M. Reece, Phillip Reece, and Donald J. Thiel appeal from the judgment of the Circuit Court of Daviess County for Day Miller (DM), individually, and as the defendant ad litem for Harold L. Miller (HM), deceased, (FN1) on the appellants' claim against DM and HM for legal malpractice. The appellants, other than ... More...    $0 (05-14-2005 - MO)

Thomas Brandon Roberts and Cara Lee Roberts v. Progressive Northwestern Insurance Company

On July 21, 1997, Thomas Roberts ("Thomas") and Cara Roberts ("Cara") were passengers in a 1997 Camero being driven by Chad Campbell ("Campbell") on Highway 65 north of Branson, Missouri. (FN1) The car was involved in a high-speed automobile crash, killing Campbell and causing serious injuries to Thomas and Cara.

The Camero was owned by Reliable Chevrolet, Inc. ("Reliable"). Reliable had ob... More...    $75000 (12-24-2004 - MO)

Simuel Jefferson v. Darlene Jefferson.

Darlene Jefferson ("Wife") appeals from the judgment holding Simuel Jefferson ("Husband") not to be the father of her child, A.A.O.J. ("Daughter"), and dismissing her petition to have Husband declared Daughter's "equitable parent." Wife asserts the trial court erred in that it did not exercise its equity powers to find Husband to be Daughter's father because he supported Daughter since her birth. ... More...    $0 (06-30-2004 - MO)

Douglas M. Weems, et al. v. Mary J. Montgomery, et al.

Appellants, Douglas and Kerry Weems, filed a petition against respondent, Mary Jean Montgomery, contending that she committed fraud when she sold her mother's (Anna Belle Randolph) home to the appellants. The circuit court, probate division, dismissed appellants' petition. We conclude that it improperly relied upon evidence beyond the pleadings and that appellants stated a claim for relief against... More...    $0 (02-20-2004 - MO)

In the Interest of: E.N.K., R.M.R., and R.C.R., Plaintiffs, M.S.S. and M.M.S. v. M.R.C., M.T.C., R.R.R., and John Doe.

M.M.S. and M.S.S. (Aunt and Uncle) appeal the trial court's judgment granting them co-guardianship of their niece, R.M.R., and nephew, R.C.R. On appeal, Aunt and Uncle argue that the trial court erred in failing to terminate the parental rights of the children's mother, M.R.C. (Mother). Because this court finds that the trial court failed to dispose of the rights of one of the natural fathers, the... More...    $0 (02-13-2004 - MO)

In the Estate of John Henry Ferguson, Deceased

The appellants, the adult children of the decedent, John Henry Ferguson, appeal the probate court's judgment finding that Ruth Hensler-Ferguson, the decedent's spouse at the time of his death, is an omitted spouse within the meaning of section 474.235 RSMo. (1994), (FN1) and thus is entitled to the share of the decedent's estate that she would have received had the decedent died intestate. The app... More...    $148000 (02-05-2004 - MO)

In re the Estate of Linda Werner.

Linda Werner, an incapacitated adult, appeals the circuit court's judgment ordering that she remain subject to a guardianship. Because she did not meet her burden of proving that she has been restored to her capacity, we affirm the circuit court's judgment.

On September 3, 1999, the circuit court determined that Werner was totally incapacitated and totally disabled. The court appointed Platt... More...    $0 (02-03-2004 - MO)

Deric Lee Coon, a minor by and through his next friend, Christopher Coon v. American Compressed Steel and William Copeland.

American Compressed Steel, Inc. and William Copeland appeal the denial of their motion to intervene in the family court case in which the court decreed the equitable adoption of Deric Lee Coon ("Deric") by decedent, Patricia Walker. We affirm the denial of intervention.

Background
Deric Coon is the six-year-old son of Christopher Coon. Deric's mother died when Deric was q... More...
   $0 (01-30-2004 - MO)

In the Matter of Wanda L. Benson, Marilyn S. Schmidt v. Melissa A. Benson, Personal Representative of the Estate of Richard Benson.

Appellant Marilyn S. Schmidt ("Appellant"), appeals from the judgment of the Probate Division of the Circuit Court of Christian County (" Probate Court"), which appointed the Public Administrator of Christian County ("Public Administrator") as guardian of Appellant's mother, Wanda L. Benson ("Wanda"), pursuant to section 475.079, after determining that Wanda was disabled and incapacitated. (FN1) S... More...    $0 (01-21-2004 - MO)

Savannah Place, Ltd., a Missouri Corporation v. Charles and Sandra Heidelberg, husband and wife v. Carol Jones, et al.

Respondent Savannah Place Ltd. ("Savannah Place"), as assignee of two promissory notes, attendant deeds of trust, security agreements and guaranties relating to the two promissory notes, brought suit against Charles Heidelberg and his spouse, Sandra Heidelberg ("Appellants" and/or "Charles Heidelberg" or "Sandra Heidelberg"), to enforce the terms of the guaranties for the payment of the two promis... More...    $0 (10-31-2003 - MO)

In re the Matter of Nathan Neal Nelson, a minor, Robert Neal Nelson v. Elaine Marsh.

Robert Neal Nelson appeals the judgment of the Circuit Court of Johnson County, Probate Division, dismissing, for failure to state a claim upon which relief could be granted, his "petition," which he contends was filed in accordance with section 511.250, (FN1) to set aside the court's order appointing Elaine Marsh (respondent), the Johnson County Public Administrator, the conservator of the estate... More...    $0 (10-28-2003 - MO)

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