Missouri Demand for Discovery in an Action for an Accounting

State:
Multi-State
Control #:
US-L0107C
Format:
Word; 
Rich Text
Instant download

Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

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FAQ

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents, electronically stored information, or things or permission to enter upon land or other property, for inspection and other purposes; physical and ...

(a) Scope. Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts. Interrogatories may relate to any matter that can be inquired into under Rule 56.01.

Probate About. value is. All estates with a total value of $40,000.00 or more, must be handled by an attorney. Property that is jointly held, TOD, transferred on death, POD, payable on death, has living beneficiaries or is listed under a trust, may not have to go through Probate.

The petition shall describe the property, if known, shall allege the nature of the interest of the petitioner and that title or possession of the property, or both, are being adversely withheld or claimed.

A petition for discovery of assets is a procedural vehicle for alleging a substantive cause of action and should be filed in the estate proceeding.

Under Missouri law, creditors have six months from the date of publication to file a claim against the estate. After the notice period is over, if all estate matters are otherwise concluded, the probate estate can be closed within about 60 days thereafter.

A ?discovery of assets? claim is a probate claim in Missouri in which an interested party in an estate may seek to re-title property wrongfully taken from an estate back into the estate's name.

Probate Estate ? real estate and personal property owned by the decedent and subject to administration supervised by the probate court, including any income after death. Publication ? notice published in a newspaper in the county where the decedent resided.

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Missouri Demand for Discovery in an Action for an Accounting