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Ely, Counselor at Law
Category: Criminal Law
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What does a "test petition" look like compared to an actual

Customer Question

What does a "test petition" look like compared to an actual law suit and is it made public? I've got a situation where the trustees of a family trust have been causing some problems and are hiding behind the protection of a harsh no contest clause. I understand that Missouri courts allow someone to present the petition and find out if you'll be in violation of the clause or not... But do I need to have the entire formal case put together for the test or just a summary? Will the test petition be made public record or will it be more discrete than the actual filing. I am a beneficiary of the trust.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

Please take a look at the law on this issue here and let me know what further issues I may answer for you. I am stepping out of the office for a while; but should be back later to assist you....

But do I need to have the entire formal case put together for the test or just a summary?

1. It would be a determination on the no-contest clause if that is what you want to limit it to first, its your option. See the link above.

Will the test petition be made public record or will it be more discrete than the actual filing. I am a beneficiary of the trust.

2. It will be public record just like any other filing.