Martin S Jansky Attorney

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Phone: (314) 754-1500

Address: 8000 Maryland Ave, Saint Louis, MO 63105

Martin S Jansky Attorney

Family Law

Divorce
Child Support
Illegitimate daughter of testator sought a share of the testator’s estate as an omitted child. A paternity test proved testator was Petitioner’s father. He paid ordered child support, but provided her no other support. He did not develop any parental relationship with her and had minimal contact with her.
Child Custody and Visitation
Adoption
Paternity
Premarital Agreement
Four months after the death of her husband, Lois Kell married Tony Pulley, a man more than twenty years her junior. Lois brought substantial assets, most held in real estate, to the marriage. Pulley, on the other hand, brought little or no assets to the marriage, and had substantial outstanding financial liabilities. Prior to their marriage Lois created a revocable trust which was funded by the various properties she owned as well as with other various personal property, which was to provide for Lois’s children upon her death. The Trust, however, explicitly left nothing to Pulley. In addition to the Trust, Lois and Pulley executed an antenuptial agreement in which Pulley waived any right he may have had to the Trust assets. As consideration Lois waived any rights she had in the assets Pulley brought to the marriage. While Lois drafted these documents, she failed to draft a new will, and she continued to utilize a will drafted when she was still married to her first husband, providing him with the majority of her estate. At the time of her death in 2004, Lois died testate with this will still in effect. Upon her death Pulley sought to have the will, trust, and antenuptial agreement set aside as void, arguing that (1) he was owed an intestate share of the estate as a pretermitted spouse, (2) that the antenuptial agreement was invalid contract because it lacked adequate consideration, (3) that the antenuptial agreement was invalid because Ms. Kell had failed to properly disclose her assets, and (4) that he was overreached during the execution of the antenuptial agreement for lack of proper assistance of counsel. The Circuit Court of Ray County, Busch, J., held that Pulley was a pretermitted spouse and awarded him an intestate share of Lois’s probate estate and invalidated the antenuptial agreement as void and unenforceable.
Guardianship
The attorneys at Rossiter & Boock frequently handle matters relating to guardianships and conservatorships. We have tried complex guardianship cases affecting the interests of high net worth families. We can help you become or appoint a guardian or conservator for a friend or relative, and we will assist you with the ongoing court process after becoming a guardian or conservator. We can also help you if you already have a guardian or conservator, with matters such as terminating the guardianship or conservatorship, changing the restrictions/freedoms in place, or removing your current guardian or conservator. Additionally, if you believe a guardian or conservator has abused their powers and taken advantage of you or a loved one, we can help you obtain the relief you deserve.

Criminal Law

Wrongful Death
Helped a central Illinois family settle a $1.475 million wrongful death claim for their mother who was killed in a crash involving a United States Postal Service truck.
Traffic Violations
During the pandemic, the nation’s roadways have become more dangerous. Even with less vehicle traffic, accidents and fatalities have increased due to excessive speeding and reckless driving habits. While motorcycles have the same rights and privileges as any other vehicle on the road, they are also the most vulnerable vehicle on the road. According to the Illinois Department of Transportation, motorcycle fatalities account for 12.1% of all fatal accidents statewide.
Assault
Arson
Appellant is a mentally retarded adult, and is incapable of making decisions about his own care and treatment. Appellant also requires twenty-four hour supervision. Appellant was admitted to a Department of Mental Health (DMH) facility after being found incompetent to proceed to trial on arson charges. One year later, DMH filed a petition for appointment of guardian, recommending that the Public Administrator be appointed guardian. At an evidentiary hearing, Appellant testified that he wanted his mother to serve as his guardian. Appellant’s mother also testified that she would be willing to serve in that capacity. At trial a DMH social worker and a staff psychiatrist both acknowledged that Appellant and his family shared a strong and healthy relationship. However, both professionals stated that the mother would have to make some difficult decisions concerning Appellant’s care, and that would likely have a negative impact on Appellant’s relationship with his mother.
Forgery
Forgery/Undue Influence (2008). Just prior to her death from cancer, woman allegedly signed deeds transferring her real estate holdings to common law husband. All transfers were proven to be forgeries. Judgment in the amount of $180,000.00 entered in favor of the heirs.
Hit and Run

Business and Corporate Law

Corporate Law
At Rossiter & Boock, we have handled numerous matters involving closely held businesses and family farms, including transfers of assets, real estate and corporate stock between family members. Our experience in trust, estate and corporate law allows us to quickly evaluate your individual situation, and evaluate the consequences of actions you may take. Our ability to try cases allows us to confidently and effectively represent your interests.
Business Disputes
At Rossiter & Boock, we regularly represent companies as well as individuals in a wide variety of commercial and business disputes. We have the experience and expertise in commercial litigation to handle cases against much larger firms, and our smaller size and efficient operation allows us to provide these services at a much more reasonable cost. We know how to litigate a case from start to finish, always with an eye towards the ultimate objective of winning at trial. This objective allows us to successfully and efficiently resolve cases in a manner that is economically beneficial to the client

Employment Law

Workers Compensation
Personal Injury (2014). Settled assault and battery claim for $280,000. The client was severely injured when she was struck with a glass by a patron at the bar and restaurant where she worked. Successfully argued that the intentional act exclusion in the defendant’s homeowner policy did not apply to the facts of this case thereby allowing the case to be resolved. Negotiated a settlement with the client’s workers compensation insurer which allowed the client to continue to receive workers compensation benefits moving forward despite the settlement.

Property Law

Premises Liability
Premises Liability (2010). Successfully obtained a verdict against the City of St. Louis for failing to timely repair a dangerous condition on a City of St. Louis road which resulted in a one-car accident. Defendants made no offer to settle before trial.
Property Damage
Each and every auto accident is different, each resulting in differing levels of damages, injuries and losses. We understand the emotional, physical and financial consequences that individuals injured in automobile collisions go through and promptly prosecute each claim to obtain the maximum possible recovery for each injured client. In Missouri and Illinois, if the other driver is negligent you should be entitled to receive compensation for property damage, for your medical bills and expenses, pain and suffering, mental anguish, lost wages and/or lost income. If the negligent driver was also reckless, such as driving under the influence, you may also be entitled to punitive damages, in addition to your actual damages. In addition, depending on the facts of your case, you may be entitled to seek damages from not only the negligent driver and his or her insurance company, but also your own automobile insurance company as well. Our attorneys handle these cases, underinsured and uninsured motorist cases, on a regular basis and are intimately familiar with the statutory and common law rules regarding these matters.

Health Law

Personal Injury
Missouri & Kansas Super Lawyers Magazine for 2010-2013 and a Super Lawyer every year from 2014 to the present in the area of personal injury
Medical Malpractice
Medical Malpractice (2018). A Rossiter & Boock client who suffered a stroke during an unnecessary medical procedure obtained a verdict of $940,800 in her favor from a jury in St. Charles County.
Auto Accidents

Trusts and Estates

Estate Planning
Matthew J. Rossiter focuses his practice on fiduciary litigation, civil litigation, estate planning and probate administration. He has tried cases throughout Missouri, representing trustees, personal representatives, and claimants in all areas of estate administration.
Wills
Decedent, Elden Choisser, executed a last will and testament on August 17, 2005, in which he made specific bequests of personal property to plaintiff, Mike Orville, Lorayne Pletting, a technical school, and certain public libraries. He left his real estate to defendant, Gregory Sansone. He left one-half of his residuary estate to plaintiff and one-half to Ms. Pletting. He named defendant as his personal representative.
Trusts
Trust Contest (2013). Obtained jury verdict successfully overturning three amendments to a revocable living trust which was valued at approximately $1.9 million. Rossiter & Boock had to overcome the testimony of three attorneys and a treating doctor to prove that the trust amendments at issue were the result of undue influence.
Power of Attorney
The court engaged in a two-part analysis. Keeping in mind that this was a summary judgment, and not a trial on the merits, the court found that the trial court erred in finding as a matter of law that Appellant did not have the right to withdraw the funds from the two CDs on the basis that there was no written authorization within the power of attorney to do so. The critical second question of the analysis-for what purpose were the funds withdrawn-was not ripe for a summary judgment.
Probate
Our attorneys have prepared complex estate plans, and litigated the issues raised in the creation and administration of those plans. We have the knowledge of trust, estate and probate law to understand the complex issues facing our clients, and we have the trial experience necessary to confidently represent them. We frequently represent individuals, families, beneficiaries, executors, trustees, guardians, banks and trust companies when fiduciary claims arise, and provide valuable counsel to fiduciaries about their duties in order to assist them in avoiding future claims.

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