Section 20.23 Damages

• Library: Estate Administration 2014 Supp

D. (§20.23) Damages

By its nature, an action to discover assets seeks the return of assets that were owned by the decedent before death. Thus, the usual damages sought are for the recovery of the specific assets. Often, the asset at issue has been liquidated, disposed of, or is otherwise not within the control of the probate court. In this circumstance, the court shall render a money judgment against the person who is found to have adversely held the asset. Section 473.340.3, RSMo 2000. The court may also enter judgment for all losses, expenses, and damages sustained as a result of the adverse holding. Id. An award of interest that would have been earned by the estate but for the adverse holding is clearly permissible. In re Estate of Stickler, 551 S.W.2d 944, 952–53 (Mo. App. S.D. 1977). Attorney fees are specifically excluded as a part of the liquidated damages under the statute. Section 473.340.3. But see §20.24, infra.

The probate court is also vested with jurisdiction to fashion equitable remedies. As the discussion of equitable actions in §§20.13–20.18 above suggests, the probate court has vast authority to:

set aside deeds and inter vivos trusts;

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