Trust BCLP

Trust BCLP

ARCHIVE

Main Content

Bryan Cave’s Kathleen Sherby Recognized by Marquis Who’s Who

August 29, 2017

Categories

 

Congratulations to Kathleen Sherby of Bryan Cave’s Private Client Services team for her “Lifetime Achiever” recognition by Marquis Who’s Who:

“Supported by more than 40 years of professional experience, Ms. Sherby serves as a partner with Bryan Cave LLP, where she started in 1976 as an associate. In addition to her work with the firm, she lends her services to her community through the Saint Louis Science Center, where she has served on the board of trustees since 2010. Over the years, she has also worked with her community in various board positions for the Junior League in Saint Louis, the Bequest and Gift Council of Saint Louis University, the Clayton Education Foundation, and the bi-state chapter of the American Red Cross.”

Bryan Cave’s Private Client Team Members Make 2018 “Best Lawyers in America” List

August 29, 2017

Categories

 

 

 

 

 

 

 

 

 

Congratulations to the attorneys at Bryan Cave who made the 2018 “Best Lawyers in America” List, including the following members of our Private Client Services team:

Kimberly E. Civins (Atlanta)

William Linkous Jr. (Atlanta)

Renee M. Gabbard (Irvine)

Shannon K. Barks (Kansas City)

B. John Readey III (Kansas City)

Lawrence Brody (St. Louis)

Stephen B. Daiker (St. Louis)

John D. Schaperkotter (St. Louis)

Kathleen R. Sherby (St. Louis)

Douglas J. Stanley (St. Louis)

Shannon K. Barks of our Kansas City office was also recognized as a “Lawyer of the Year“.

Court Reverses Finding of Undue Influence

August 25, 2017

Authored by:

Categories

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another.  In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of trust, and to have caused the coercion through active conduct.  Although the elements seem fairly straightforward, actually proving undue influence can be much trickier.  Because undue influence is often only demonstrated through circumstantial evidence, the ensuing courtroom testimony provides for a telling tale from lawyers and hairstylists and priests.

In Nestel v. Rohach, three of the four Nestel siblings tried to remove their sister, Melissa, as the personal representative of their mother’s estate.  The siblings claimed that Melissa exercised undue influence over Joanne, their mother, when Joanne made Melissa the beneficiary of several bank accounts containing substantial assets.  At trial, the jury found that there was

If It’s Not In The Will, Does It Matter What The Testator Wants?

August 17, 2017

Authored by:

Categories

If you want someone to get your money or property when you die, why don’t you just say so?  The case reporters are thick with stories of testators who left money or property to one person with the supposed ‘understanding’ or ‘instruction’ that the person who got the money would use it for the care of another.  Add Rabun v. Rabun to that list.

In this trust and estate dispute, the decedent transferred assets during his life and through his will to his grandson (who was also his executor and his adopted son).  The decedent’s widow claimed that the decedent intended for some of these assets to be used by the executor for her support, so she sought imposition of a constructive trust on those assets.

In support of her claim, the widow pointed to evidence that the decedent allegedly told people that

The attorneys of Bryan Cave LLP make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.