Attorney-in-fact cannot delete charitable beneficiaries

A successor trustee and attorney-in-fact cannot delete charitable beneficiaries designated by an incapacitated settlor of the trust to name himself as beneficiary when the settlor dies, an appellate court in the District of Columbia has ruled.  It has affirmed a trial court summary judgment and agreed that the trustee/attorney-in-fact did not act in accordance with the settlor’s reasonable expectations.

Attorneys for trustees have no conflict preventing claim against trust

Attorneys who represented trustees who had been removed for breach of fiduciary duty had no attorney-client relationship with the trust itself and cannot be disqualified from continuing to represent the former trustees in attempting to reduce the judgment against them, the Utah state Supreme Court has held.  The successor trustees and several beneficiaries had sought to disqualify them for conflict of interest as they sued the trust to reduce the $1.8 million judgment, most of which was payable to the trust.

Age discrimination claims fails against Catholic health clinic

An age discrimination claim against a Catholic health clinic under the Missouri Human Rights Act has been dismissed because the employer is “owned or operated” by a religious organization.  An appellate court in Missouri has affirmed a trial court decision granting summary judgment to the defendants.