Legal Question in Wills and Trusts in Florida

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Grandchildren's Living Trust what is a respectul relationship?

My kids received a letter from an attorney regarding my father-in-law created a trust for my two kids. The letter states they must maintain a relationship with him until he passes. If a respectful relationship is not maintained during the grandfathers life then the trust stipulates that all proceeds from the bonds will be distributed to a charity. My first question is what is a respectful relationship and how is that determined? The grandfather has not had a relationship with the granschildren for the past 7 years, no bithday, christmas card since he got mad at my husband and then we moved to Florida. The grandfather has always had the kids info to call or write. I believe it the Grandpa duty to keep in touch not just the kids. Kids try to call and he doesn't answer.What is respectful? My second question is my husband and father-in-law have a few bond together,which my fahter-in-law has in his possession when the father-in-law passes can those bond be giving to charity?


Asked on 6/23/10, 11:14 am

1 Answer from Attorneys
Richard Kaplan

There is no present way to define the relationship. I would probably request a copy of the Trust as it relates to those provisions to see if it provides some guidance. Otherwise, you can request the attorney or your father-in-law to provide guidance on a definition.

Being it is a Trust, it might be a Revocable Living Trust so that in the future your father-in-law can amend it if he is not satisfied. If it is Irrevocable then unless it is really clear what the relationship means, I can see litigation on this issue if the grandkids can demonstrate a serious attempt to stay in touch with him.

On your husband's bonds, the answer depends upon how the bonds reads and if he has a vested right to them.

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Answered on 6/23/10, 4:58 pm


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