Legal Opinion
Betty J. Killian Revocable Trust Joseph P. Killian v. William Killian, Individually & Killian Revocable Trust, & Trust Co. of the Ozarks, Co-Trustee of the Betty J. Killian Revocable Trust
Missouri Court of Appeals
Decided September 11, 2018No. SD 35150PublishedCited by 4 opinions
1Opinion of the CourtGary W. Lynch, J.
Eight days before her death, Betty Killian amended the Betty J. Killian Revocable Trust (referred to as "Betty's Trust" or "her Trust") to remove her son, Joseph ("Joe") Killian, as a beneficiary, thereby leaving the entirety of her Trust estate to her other son, William ("Bill") Killian.1 Following Betty's death, Joe filed a petition against the Trust Company of the Ozarks2 and Bill (in their capacities as co-trustees of Betty's Trust and in Bill's individual capacity) (collectively referred to as "Respondents"), seeking to reform the terms of Betty's Trust to restore him as a beneficiary.…
2Cases cited11 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- White v. Director of RevenueSupreme Court of Missouri · 2010
- Richard E. Ivie, Jimmie R. Ivie, LaDonna Small, and Bernard Ivie v. Arnold L. Smith and Sidney B. SmithSupreme Court of Missouri · 2014
- Houston v. CriderMissouri Court of Appeals · 2010
- Pearson v. KosterSupreme Court of Missouri · 2012
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3Cited by4 opinions
- In the Interest of: A.M.R., R.H.H. III, and H.H. Juvenile Officer and Guardian Ad Litem v. J.M.Missouri Court of Appeals · 2023
- JEFFREY BALDWIN, Individually, as agent for his children and grandchildren named below, as Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended and Restated, and certain sub-trusts created thereunder, and as Trustee of a descendant's trust in his name as described below v. JAN KAYE BALDWIN, Individually, as Beneficiary, and as Trustee of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended and Restated, and certain sub-trusts created thereunder, and KAYLI BALDWIN-HYTEN, Individually, as a Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended and Restated, and certain sub-trusts created thereunder, and as Trustee of a descendant's trust in her name as described below, and ANDREA BALDWIN-GREGG, Individually, as a Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended and Restated, and certain sub-trusts created thereunder, and as Trustee of a descendant's trust in her name as described below, Respondents-Respondents.Missouri Court of Appeals · 2023
- Keystone Hospitality, LLC v. Capitol Food Group, LLC; Darin S. Frantz; and Kristina M. FrantzMissouri Court of Appeals · 2024
- Maly Commercial Realty, Inc. v. Jack Maher, Sr.Missouri Court of Appeals · 2019