Section 18.28 Compromise and Settlement of Controversies

• Library: Estate Administration 2014 Supp

VII. (§18.28) Compromise and Settlement of Controversies

Section 473.084, RSMo 2000, of Missouri’s Probate Code, Chapters 472–475, RSMo, provides that a compromise of any controversy relating to the construction of any probated will is binding on all parties to the controversy if the compromise is approved in a proceeding in the court for that purpose. An approved compromise is also binding on those parties who are unborn, are unascertained, or cannot be located. Section 473.084. But minor children represented only by their parents are bound only if their parents join with other competent persons in executing the compromise. Section 473.085, RSMo 2000. The court in Estate of Webster, 920 S.W.2d 600, 604–05 (Mo. App. W.D. 1996), found that an alleged oral “family settlement agreement” that...