Missouri Court of Appeals, Eastern District / Apr 9, 2024
Susan Fenlon, et al., Appellants, vs. Rebecca Fenlon, Respondent.
Appellants, Susan Fenlon and other grandchildren, sued Respondent Rebecca Fenlon, alleging interference with their expected nonprobate assets from the Decedent. The trial court dismissed their amended petition, finding the personal representative of the Decedent's probate estate, Bret Moore, was a necessary and indispensable party under § 473.340 and could not be joined. The appellate court reversed and remanded, holding that § 473.340 does not apply to claims involving nonprobate assets, and therefore Moore was not a necessary and indispensable party.