Wills Trusts & Estates Prof Blog:
Agent’s power to sue for sums due allowed the hiring of an attorney on a contingent fee basis. "In Campbell v. Tenet Health System, DI, Inc., 224 S.W.3d 632 (Mo. Ct. App. 2007), the court held that the language granting the agent authority to sue for sums due and owning the principal and to do everything necessary to carry out the authority granted in the power of attorney authorized bringing of suit for a personal injury claim."
Proposed New York Publicity Law "New York Senate Bill S06005 would greatly expand the interests of the heirs and beneficiaries of a celebrity's estate to control and benefit from the deceased's fame."
Irrevocable life insurance trusts – are they still appealing? "In his article The ILIT Remixed, A Workshop With Vincent M. D'Addona, Est. Analyst (Sept. 2007), Robert L. Moshman discusses the irrevocable life insurance trusts technique."
A petition asking the trustee to exercise the power to adjust deemed to be a contest The court, in McKenzie v. Vanderpoel, 61 Cal. Rptr. 3d 129 (Ct. App. 2007), held, in response to a request for a ruling, that the request for instructions to a trustee to use the power of adjustment under the California version of the Uniform Principal and Income Act to increase the amount paid to the beneficiary would not invoke the no contest clause, would violate the no contest clause because the use of the power to adjust would “impair” the trust by reallocating property from the remainder beneficiaries to the income beneficiary.
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