Kraig Rudinger Kast v. Erickson Productions, Inc., et al.

Whether the district and appellate courts claiming jurisdiction under ERISA over a private inter vivos trust creates conflict between Article VI of the Constitution and the Tenth Amendment and State probate codes. Whether the district and appellate courts have jurisdiction over a person if the person lacks capacity to be sued under FRCP 17(b). Whether the district court claiming jurisdiction based on comity deprives the parties of due process before a court of competent jurisdiction. Whether the Ninth Circuit decision conflicts with IRS codes and jurisdiction.

Whether under the Fifth Amendment’s property due process clause, a district and appellate court must provide the beneficiary of a valid irrevocable inter vivos trust, testamentary trust or will with due process before taking the beneficiary's property.

Whether the Tenth Amendment confers to the States the ability to establish their own probate laws to determine what makes a Trust Valid. Whether behavior of a licensee passes through personal liability to the trustee of an irrevocable inter vivos trust.

Whether the Tenth Amendment confers to the States the exclusive right, because there is no federal licensing of attorneys, accountants, doctors, fiduciaries and others who provide services to trustees, to legis­ late and enforce their own laws regarding the qualifica­ tions and behavior of persons who are licensed by the State. Whether State probate law allows licensees to perform the tasks of a trustee of a inter vivos or testa­ mentary trust, without the licensees personal liability passing to the trust, trustee or beneficiary, provided