Patricia C. Berezo Missouri Cases

Patricia Berezo appealed the trial court's grant of summary judgment and motion to dismiss, which denied her access to funds in her late husband's trust and awarded attorney's fees to the successor trustee. She argued she was a trust beneficiary as "Grantor's wife," that a proposed amendment to the trust was valid, and that she was an an omitted spouse entitled to invade the trust. The appellate court affirmed, finding the trust unambiguously limited benefits to the first wife, the amendment was not properly executed, and the omitted spouse statute did not allow her to invade the trust. The court also affirmed the award of attorney's fees to the successor trustee.