News & Analysis as of

Professional Malpractice Family Law Civil Procedure

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:

Allowing in parol evidence as to a trust-settlor's intent: Construing trust terms versus reforming them

by Charles E. Rounds, Jr. on

In the Missouri case of Mense v. Rennick, 491 S.W.3d 661 (Mo. App. 2016), the testimony of the settlor-beneficiary of an irrevocable trust as to what she had intended was not allowed in, the court having determined that the...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

A permissible beneficiary's equitable property interest under an irrevocable discretionary trust is contingent, not vested, the...

by Charles E. Rounds, Jr. on

A permissible beneficiary’s equitable property interest under a discretionary trust is contingent, not vested. The critical condition precedent that renders the interest contingent is that the trustee must exercise his...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC35507 - State v. Wright - ?AC35289, AC36395 - Southport Congregational Church-United Church of Christ v. Hadley - The doctrine of equitable conversion did not apply when the decedent contracted to sell real...more

Appellate Court Notes

by Pullman & Comley, LLC on

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more

Legal Byte: Is judicial legal advice the same as an advisory opinion?

by Alan Goldberg on

This Legal Byte analyzes whether a judge's advice to a litigant or an attorney is the same as an "advisory opinion." Citations to case law are provided. Thank you. Alan Goldberg alangoldberglaw@gmail.com Appeals, civil...more

DRUG TESTING AND CHILD WELFARE

by Paul Parks on

Document from HHS on drug testing for child welfare. Relevant to family law and civpro....more

SUBSTANCE ABUSE AND CHILD WELFARE COURTS

by Paul Parks on

This Document from Health and Human Services serves as a guide for substance abuse and child welfare. Relevant to civil procedure and Family law issues....more

Helping Witnesses Remember More

Basic psychological research shows that you can help your eye witnesses to remember more using a simple strategy: have them close their eyes! Read about how this works and see experienced ASTC-member trial consultants...more

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