Missouri Court of Appeals, Western District / Nov 18, 2025
Margaret DeLacy, Decedent's sister and only heir-at-law, was appointed personal representative of Edward L. Eisenstein's intestate estate. Appellants, five organizations named as beneficiaries in a purported will, challenged this appointment and the probate court's finding that the will was untimely presented. The probate court ruled the will was a legal nullity due to late presentation under section 473.050, RSMo, and declined to remove DeLacy. The appellate court affirmed, finding DeLacy's initial application for letters complied with statutory requirements, triggering the six-month limitations period, and that no abuse of discretion occurred in her appointment.
Missouri Court of Appeals, Eastern District / Nov 18, 2025
Lauren Taylor and her mother appealed the St. Charles County Probate Court's denial of their motions to set aside thirteen orders from a Georgia Probate Court and to reopen a terminated guardianship and conservatorship case. The Probate Court had denied the motions for lack of jurisdiction, finding the underlying case was terminated. The appellate court dismissed the appeal for lack of appellate jurisdiction, holding that the Probate Commissioner's orders denying the motions were not timely confirmed by a judge as required by Missouri law, thus no final appealable judgment existed.
Supreme Court of Missouri / Nov 4, 2025
Marcus Raichle and the Maune Raichle Law Firm appealed the circuit court's denial of their motion to compel arbitration against the Estate of Neil J. Maune. The dispute arose from the distribution of life insurance proceeds after Neil Maune's death, with the Estate claiming the funds should have gone to a different entity. The Missouri Supreme Court vacated the circuit court's decision, holding that under Missouri's aggregate theory of partnerships, Maune and Raichle's individual signatures on the operating agreement bound their general partnership to arbitrate. The Court remanded the case with instructions for the circuit court to sustain the motion to compel arbitration, deferring questions of arbitration scope to the arbitrator.
Missouri Court of Appeals, Southern District / Jul 16, 2025
Mary Beth Jones, surviving spouse of Quentin Lee Jones, appealed the Probate Court's approval of a final settlement for Decedent's estate. She argued the court erred by approving the settlement while objections and a Petition for Discovery of Assets remained unresolved. The appellate court agreed, vacating the judgment and remanding the case. It held that the Probate Court lacked authority to approve the final settlement without a hearing on the objections and without resolving the pending discovery of assets petition, as required by statute.
Missouri Court of Appeals, Western District / Jun 24, 2025
Janet Ravenscraft appealed an order appointing Jennifer Claypoole as the sole guardian and conservator of their father, Arthur, and removing Janet as co-guardian and co-conservator. The appellate court determined that the order was an immediately appealable interlocutory order under Missouri probate law. However, the court dismissed Janet's appeal as untimely, holding that her notice of appeal was filed 116 days after the order, well beyond the ten-day period required for such interlocutory orders.
Missouri Court of Appeals, Eastern District / May 6, 2025
Barbara J. Bonin, as personal representative for the Estate of Thomas R. Keener, sued Keener's stepchildren, Janie Gould, Darrin Phillips, and Amanda Phillips, alleging undue influence, conversion, and unjust enrichment. The circuit court found in favor of the Estate, voiding beneficiary deeds, finding unjust enrichment, and awarding attorney's fees. On appeal, the Missouri Court of Appeals, Eastern District, reversed the award of attorney's fees, but affirmed the circuit court's findings regarding undue influence and unjust enrichment.
Missouri Court of Appeals, Southern District / Apr 25, 2025
Christine Bell-Kaplan appealed the trial court's judgment in favor of the Schwarzes in a quiet title and declaratory judgment action concerning two tracts of land. Kaplan alleged Henrietta Schwarze lacked the mental capacity to execute deeds and powers of attorney that ultimately conveyed the property to Henrietta's nieces and nephews, revoking prior beneficiary deeds to Kaplan. The appellate court affirmed the trial court's judgment on all points of Kaplan's appeal, finding she failed to meet her burden of proof or properly preserve certain arguments. However, the court reversed and remanded the trial court's decision to set aside costs against Kaplan, holding that the Schwarzes, as the prevailing party, were entitled to recover costs.
Missouri Court of Appeals, Southern District / Mar 18, 2025
Arthur Spruill, Jr. appealed the trial court's judgment appointing his sister, J-Pia Spruill, as guardian and conservator for their mother, Kyong Spruill, who suffered from dementia. The appellate court affirmed the judgment, finding that Arthur's point regarding ineffective assistance of counsel for Kyong was moot due to Kyong's death during the appeal. Additionally, the court determined that Arthur failed to preserve his remaining points for appellate review by not presenting the alleged errors to the trial court and obtaining adverse rulings.
Missouri Court of Appeals, Eastern District / Feb 25, 2025
Samuel and Sheryl Rowley appealed a summary judgment ruling that a durable power of attorney (DPOA) did not authorize them to designate themselves as payable-on-death (POD) beneficiaries of Thomas L. Nicastro's financial accounts. Nicastro had previously designated the Archdiocese of St. Louis as the sole beneficiary. The appellate court affirmed the trial court's judgment, strictly construing the DPOA and finding that its language did not explicitly authorize the Rowleys to engage in self-dealing by naming themselves as beneficiaries.
Missouri Court of Appeals, Southern District / Nov 14, 2024
B.L.C., a foster parent, appealed a judgment from the probate division that awarded guardianship of two minor children to their maternal great aunt. The foster parent challenged the judgment appointing the great aunt as guardian. The appellate court dismissed the appeal, holding that the foster parent lacked statutory standing to appeal the guardianship judgment because she did not qualify as an "interested person" under the relevant probate code provisions.
Missouri Court of Appeals, Eastern District / Oct 1, 2024
Mother appealed the probate court's sua sponte order removing her as conservator of her minor son's estate. The removal occurred after a hearing on Mother's petition for reimbursement of expenses, without prior notice that her conservatorship was at issue. The appellate court reversed the removal, holding that the circuit court failed to comply with statutory notice provisions required for removing a conservator, and remanded the case for Mother's reinstatement.
Missouri Court of Appeals, Southern District / Aug 30, 2024
Michael Laws, Jr., and Malinda Salinger, children of the Decedent, contested their father's 2015 Will, which left them half of his estate, arguing they were "interested persons" with standing. The trial court granted summary judgment against them, concluding they lacked standing because a prior revocable trust excluded them from its assets. The appellate court vacated the summary judgment and remanded the case, holding that summary judgment is an improper disposition for lack of standing, and that the Children did have standing because a significant inheritance was part of the Estate, not the Trust, and would pass to them via intestate succession if the 2015 Will was set aside.
Missouri Court of Appeals, Southern District / Aug 15, 2024
Mary Beth Jones, the surviving spouse of Quentin Lee Jones, appealed the probate division's denial of her motion to substitute herself as personal representative for the estate and to transfer the proceedings to Hickory County. The probate court had found the decedent was domiciled in Polk County and that Spouse was not qualified to serve as personal representative. The appellate court affirmed, finding substantial evidence supported the domicile finding and that Spouse's failure to apply for letters within 20 days and her lack of qualification justified the denial of her motion.
Missouri Court of Appeals, Eastern District / Jul 30, 2024
Diane Broy appealed a trial court judgment that found she breached her fiduciary duties as her mother's attorney-in-fact, engaged in self-dealing, and failed to maintain her mother's estate plan, awarding damages and imposing a constructive trust in favor of her siblings, David Broy and Lisa Lyon. The appellate court affirmed the findings of breach of fiduciary duty and the siblings' standing as "successors in interest" under Section 404.717. However, it reversed the imposition of the constructive trust, finding insufficient evidence to identify a specific res, and instead entered a money judgment for the siblings and remanded for a determination of appellate attorney's fees.
Missouri Court of Appeals, Eastern District / Jul 2, 2024
Deborah Pagoria appealed the probate court's judgment denying her claim against the Estate of Nick S. Pagoria. The probate court found that Deborah breached a settlement agreement with her ex-husband, Nick S. Pagoria, by failing to execute a beneficiary deed as required by their divorce agreement. The appellate court affirmed, holding that because both parties mutually breached the contract, Deborah could not enforce its terms against the Estate. The court also concluded that allowing evidence of Deborah's breach was not an impermissible collateral attack on the divorce judgment.
Missouri Court of Appeals, Eastern District / Apr 23, 2024
Appellants challenged a probate court's determination that Jennifer Duncan Criswell was the heir of her biological father, Michall Duncan, arguing that her subsequent adoption by her stepfather removed her from Decedent's bloodline. The Appellants also contended Criswell's petition for heirship was time-barred and that they had acquired title through adverse possession. The appellate court affirmed the probate court's judgment, holding that heirship is determined at the date of death and is not retroactively affected by a later adoption. The court further found that the petition was not time-barred and that adverse possession claims were outside the scope of an heirship determination.
Missouri Court of Appeals, Eastern District / Apr 16, 2024
Yvonne Bohac Allen appealed from a probate court's judgment instructing Parkside Financial Bank & Trust on the administration of a Trust. Allen's appeal alleged conspiracy, fraud, bias, and constitutional violations, requesting a mistrial or negation of all orders. The appellate court dismissed the appeal because Allen's brief failed to comply with Rule 84.04's mandatory briefing requirements, despite being given multiple opportunities to amend.
Missouri Court of Appeals, Eastern District / Apr 9, 2024
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.
Missouri Court of Appeals, Eastern District / Mar 5, 2024
Lara and Brian Fallon sued attorney Mark Easley for legal malpractice, alleging he failed to timely draft and secure the execution of an amendment to their mother's trust. The proposed amendment would have increased the Fallons' share of the trust. The trial court granted summary judgment for Easley, finding that the Fallons, as non-client prospective beneficiaries of an unexecuted testamentary document, could not bring a malpractice claim. The appellate court affirmed, holding that the Donahue privity exception does not extend to unexecuted testamentary instruments and that the Fallons could not prove proximate causation or damages without an executed document evidencing their mother's intent.
Missouri Court of Appeals, Eastern District / Jan 16, 2024
This appeal concerns the right to control the cremated remains of Kaitlin Boster, disputed between her minor children and her mother, Kendra Perpich. The trial court granted summary judgment to the children, ordering the funeral home to deliver the remains to them, and denied Perpich's motion to intervene as personal representative of the estate. The appellate court reversed the summary judgment regarding the remains, finding the children failed to demonstrate their superior right, and remanded for further proceedings. The court also denied Perpich's intervention point as moot, concluding there was no longer a justiciable controversy regarding the personal property.
Missouri Court of Appeals, Eastern District / Jan 9, 2024
Theresa Schultz and Cecile Gregory, daughters of the decedent Anna Lois Tyner, appealed a judgment awarding attorney fees from their mother's estate to their brother, Dennis Tyner. Dennis had successfully defended a will contest brought by the daughters concerning a provision that allowed him to purchase real property from the estate. The appellate court reversed the judgment, concluding that the trial court lacked the authority to award attorney fees from the estate to a litigant who personally benefited from the will contest's outcome.
Missouri Court of Appeals, Eastern District / Dec 26, 2023
NeuroRestorative appealed the probate division's order setting aside a consent judgment that resolved claims against Tammy Huelsing, individually and as guardian/conservator for her daughter Ashlee, and as co-trustee of Ashlee's supplemental needs trust. Huelsing moved to dismiss the appeal for lack of a final, appealable judgment. The appellate court sustained Huelsing's motion, holding that the order setting aside the consent judgment was not a final, appealable judgment because it did not fully dispose of all issues or adjudicate the rights of all parties, as claims against Wells Fargo and reinstated claims against Huelsing remained pending. Consequently, NeuroRestorative's appeal was dismissed for lack of jurisdiction.
Missouri Court of Appeals, Western District / Dec 19, 2023
Christine Louise Kensinger appealed a probate court judgment appointing Charles Basham as guardian and conservator for his mother, Janet P. Marvin. Kensinger, acting pro se, raised eighteen points on appeal challenging various errors by the probate court. The appellate court dismissed the appeal, finding Kensinger's brief failed to substantially comply with the mandatory briefing requirements of Rule 84.04, specifically regarding the statement of facts, points relied on, and argument section.
Missouri Court of Appeals, Eastern District / Oct 24, 2023
Barrie Hair appealed from a judgment quieting title to real property in favor of Melissa Cavin. Cavin claimed title through a small estate probate affidavit from her father's estate, while Hair asserted title by adverse possession. The appellate court affirmed the trial court's judgment, finding that Cavin's probate filings constituted substantial evidence of her title and that Hair failed to prove his possession was hostile for adverse possession.
Missouri Court of Appeals, Southern District / Sep 25, 2023
Sandra Fidura-Phillips, as personal representative for Anthony Vrana's estate, sought court authorization to execute a contract for the sale of real estate. Aaron Wilson intervened, claiming ownership via a beneficiary deed that became effective upon Vrana's death. The probate court denied Fidura-Phillips's petition, ruling that the property was not part of the estate. The appellate court affirmed, concluding that because no deed was delivered prior to Vrana's death, the beneficiary deed transferred ownership to Wilson by operation of law, making specific performance of the contract unavailable.
Missouri Court of Appeals, Eastern District / Aug 15, 2023
Timothy Lee Isreal appealed a circuit court judgment declaring him totally incapacitated and disabled, and appointing a guardian and conservator. Isreal challenged the sufficiency of the evidence supporting the judgment. The appellate court reversed and remanded the case, finding it could not review the sufficiency of the evidence due to an incomplete evidentiary record, specifically the absence of a transcript from a prior hearing upon which the circuit court relied.
Missouri Court of Appeals, Southern District / Apr 28, 2023
Jeffrey Baldwin appealed the trial court's judgment denying his petition and granting Jan Baldwin's counter/cross-claim for reformation of the Roger Woodard Baldwin Revocable Trust. Jeff argued Jan's reformation claim was barred by a two-year statute of limitations and by the doctrine of laches. The appellate court affirmed the trial court's judgment, holding that the ten-year statute of limitations applied to reformation claims, not the two-year trust contest statute, and that Jan's claim was not barred by laches as Jeff failed to show special facts demanding extraordinary relief or prejudice.
Missouri Court of Appeals, Southern District / Mar 2, 2023
Nicole and Brandon McLaughlin appealed the probate court's denial of their petition for an accounting under Section 461.300, alleging their grandmother, Sandra McLaughlin, made recoverable fraudulent transfers before her death. The probate court found the appellants failed to prove Sandra transferred property to deny them assets or that their claims arose before the transfers, based on the appellants' own allegations of fraud. The appellate court affirmed the judgment, holding that the appellants invited the alleged errors by framing their petition on the Missouri Uniform Fraudulent Transfers Act, which included the intent and timing requirements the probate court then addressed.
Missouri Court of Appeals, Southern District / Feb 1, 2023
April M. Svec, as personal representative of Deidre A. Smith's estate, appealed a probate court judgment concerning an antenuptial agreement between Richard E. Smith and Deidre. The probate court determined that Deidre waived her right to inherit certain real estate, entitling Richard's children from a previous marriage to inherit it. Svec challenged the judgment, arguing Richard's children lacked standing to enforce the antenuptial agreement. The appellate court disagreed, affirming the probate court's judgment.
Supreme Court of Missouri / Jan 31, 2023
Lillian Singleton sought to reform a property deed, executed with her deceased husband J.C., claiming a scrivener's error mistakenly included their son Dennis as a remainder interest holder in Tract I, contrary to their estate planning intent. The circuit court reformed the deed, finding Lillian's testimony credible and applying the principle that equity may reform a voluntary instrument. The Missouri Supreme Court reversed, holding that the circuit court erroneously declared and misapplied the law because the deed contained a unilateral mistake, which, absent fraud, deception, or bad faith, will not be reformed.