475.160. Assets of protectee, action to obtain, procedure. — Any conservator, protectee, creditor or other person, including a person interested in expectancy, reversion or otherwise, who claims an interest in property which is claimed to be an asset of the estate of a protectee or which is claimed should be an asset of such an estate, may file a verified petition in any court having jurisdiction of such estate seeking determination of the title and right of possession thereto. 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. The court shall proceed on such petition in accordance with the provisions of section 473.340.
Notes of Decisions
Cited in
14
cases, 1965–2019 · leading case:
Swearingen v. Dryden, 42 S.W.3d 741 (Mo. Ct. App. 2001).
Swearingen v. Dryden, 42 S.W.3d 741 (Mo. Ct. App. 2001).
· cites it 12× “That statute provides in relevant part: Any conservator, protectee, creditor or other person, including a person interested in expectancy, reversion or otherwise, who claims an interest in property which is claimed to be an asset of the estate of a protectee or which is claimed…”
Brown v. Kirkham, 926 S.W.2d 197 (Mo. Ct. App. 1996).
· cites it 14× “160, RSMo 1994, 1 entitled “Assets of protectee, action to obtain, procedure,” which states: Any conservator, protectee, creditor or other person, including a person interested in expectancy, reversion or otherwise, who claims an interest in property which is claimed to be an…”
Est. of Brown v. Fulp, 718 S.W.2d 588 (Mo. Ct. App. 1986).
· cites it 8× “As such, Merritt brought this action to discover assets under the provisions of § 475.160, RSMo Supp.1984, naming Wanda and Harold Fulp as respondents.”
Brown v. Kirkham, 23 S.W.3d 880 (Mo. Ct. App. 2000).
· cites it 4× “Elliott’s real property in probate court pursuant to § 475.160. 1 Id. at 199-200. Concerning the tortious interference with an expectation of inheritance claim, we found that because Ms.”
Willman v. Phelps, 631 S.W.2d 63 (Mo. Ct. App. 1982).
· cites it 5× “Respondents assert that Phelps failed to preserve his interest in the funds by not filing a petition under section 475.160, RSMo 1978 to determine title to the funds during Mrs.”
Jacobsmeyer v. Cordes, 700 S.W.2d 488 (Mo. Ct. App. 1985).
· cites it 5× “On reply appellant argues she is an interested person under § 475.160 RSMo Supp. 1984. Appellant’s reliance on this statute is misplaced.”
Com. Bank, N.A. v. Blasdel, 141 S.W.3d 434 (Mo. Ct. App. 2004).
“1996), this court also extended the rationale of McMullin, explaining that “the same principle applies where a petition for discovery of assets is available under § 475.160 [RSMo 1994].” Id. at 201. We therefore held that a plaintiff who had failed to file a petition for…”
State ex rel. Knight v. Harman, 961 S.W.2d 951 (Mo. Ct. App. 1998).
· cites it 2× “Section 475.160 provides for a nearly identical action for conservators, protectees, creditors, or other persons who claim an interest in the property.”
W. Cas. & Sur. Co. v. First State Bank of Bonne Terre, 390 S.W.2d 913 (Mo. Ct. App. 1965).
· cites it 2× “Defendant also asserts that the judgment should be affirmed because the circuit court was without jurisdiction “and the exclusive jurisdiction is vested in the probate court in a proceeding to discover assets,” citing Section 475.160. The thread of defendant’s reasoning is that…”
Est. of Layne v. Ezersky, 403 S.W.2d 242 (Mo. Ct. App. 1966).
· cites it 3× “Section 475.160, RSMo 1959, V.A.M.S. The court found that the defendant was unlawfully withholding sums totaling $6,426.”
Blackwood, Langworthy & Tyson, LLC v. Jon D. Knipp, No. WD81006 (Mo. Ct. App. Jan. 22, 2019).
· cites it 10× “Although Jon Knipp objected to the conservator’s inclusion of those assets in the final settlement, he never sought to determine title under Section 475.160 when the conservatorship was still open.”
State ex rel. Abele v. Harman, 962 S.W.2d 945 (Mo. Ct. App. 1998).
· cites it 2× “Section 475.160 provides for a nearly identical action for conservators, protectees, creditors, or other persons who claim an interest in the property.”
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