Section 20.16 Mistake

LibraryEstate Administration 2014 Supp

4. (§20.16) Mistake

Missouri law has long differentiated two types of “mistake.” A mistake of law represents a failure by one or more parties to appreciate the rules of law concerning their interests, rights, and liabilities with respect to particular conduct or a transaction. Relief will not be granted for a mistake of law. In re Estate of Hysinger, 785 S.W.2d 619, 624 (Mo. App. E.D. 1990); Rhodes v. Rhodes’ Estate, 246 S.W.2d 98, 102 (Mo. App. S.D. 1952). When a person adds another person’s name to an account as joint tenant with right of survivorship for the stated purpose of allowing the...

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