Can visitation be mandated in a trust?
Question Details:
My sister is very sick with cancer and has an abusive unsupportive husband just waiting for her life insurance and a 9 year-old son. My sisters siblings and their children want to insure that her son will see his aunts and cousins. Can this be mandated and enforced by a 3rd party executor of a trust? Is there any advantage to her staying married to accomplish this?
James Decoulos
Answered 3 years ago
This attorney is licensed in Massachusetts
View Attorney Profile
Such a mandate would not be strictly enforceable; however, the terms of the trust could determine in what circumstances distributions will be made in the discretion of the executor/trustee. The best thing for the siblings to do to see their nephew is for them to keep a positive relationship with him over the years.
