Establishing a Memorial Fund for Charitable purposes in memory of deceased loved one.

Question Details: I attempted to estable a charitable project to help families who want to talk to older drivers about driving safety after my boyfriend's son was killed by a 90 yr. old impaired driver. There was a divorce many years ago, very better between my boyfriend & the father and the deceased's mother. The estate is in escrow and the ex began having various family members complain about us "using her son's name" without permission in promotional materials. We did not think we needed permission to set up a memorial to honor his son...Did we do anything illegal? We removed all references on materials

Asked 10/21/2009 under Wills, Trusts, Probate | 529 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

You did nothing illegal, and probably it wasn't necessary to remove the son's name from the materials.  I'm not a Florida attorney, and the law can differ from one state to another, but I can't imagine that the late son's name (who I am assuming was at least 18 when he was killed) is any less the "property" of the man's father than of his mother.  I would not take it for granted that the father needed the mother's permission here, at all.

Please make sure that your fund, if you do go ahead and set it up and get contributions, is properly approved by the IRS as a charity, and you will also need to set up a non-profit "company" for this.  A lawyer can help with both of these things.

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