Legal Question in Wills and Trusts in Missouri

This is a 3 part question about possible breaches of a non contest provision in a trust

My mother (who passed away 9 months ago) created a revocable trust.. In the trust is a no contest clause that disinherits beneficiaries for challenging validity or provisions. of the trust

The new will and trust was made on her deathbed and dramatically changed the will and trust, but because of the no-contest clause, I was told it would be very risky to challenge it

This trust is still in probate.

The estate is a large farm, that the trustee is to manage over a 12 year period until it is to be dispersed equally among the heirs

The trust clearly states that all the land, livestock and equipment is to be retained by the trust until the 12 year period.

Q.#1 The trustee, who is also a beneficiary, has already challenged provisions of the trust and had the trust changed (reformation of trust, which is allowed under Missouri law) to sell part of the farm. She claims that it is an un-economic part of the business.

I can prove otherwise, but I was not able to attend the hearing in which that was settled. My question is, though, does this violate the No-contest provision because she challenged a provision of the trust (to retain ALL the land?)

It is important to note that the probate judge in our small, rural community is indebted to the estate attorney for his election to bench and allows the attorney to do as he wishes.

Q #2 The Trustee (and attorney) claim that she is to retain the �Homeplace� farm and this is to be dispersed to her immediately upon the finalization of the probate.

(now here is where it gets complicated)

There is also a provision for me to retain ownership of my grandparents farm and it clearly states, �40 acres, the house and all outbuildings located on �such and such� legal description.�

In the trustee�s land description, it only says that she will own (be dispersed) the �40 acres� located on section 3. No mention of a home, outbuilding or acreage description.

This description (both the acreage and legal description) actually refers to an nearby farm the estate owns, that has no homes or buildings.

The Homeplace is actually in section 2 and has homes and buildings

I have just recently realized that this is the case (that this refers to a different piece of property) and have not yet notified the attorney and trustee until I can figure out what is my legal position.

If she (and the attorney) claims it is a mistake, is it a challenge to the will and trust and would enforce the No contest clause?

Q #3 My mother, who was also an accountant, specified in the trust that all the books were to be kept under GAAP (which is generally accepting accounting procedures) this is also known as double entry book-keeping.

The trustee, has had the court change this to single entry book-keeping. (reformation of trust)

This is clearly a challenge to a provision of the trust, is it not?

1 Answer from Attorneys

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