Trust for minor grandchildren

The caller's daughter was deceased and he wants to make sure that her husband does not have the control or the benefit of what they will leave their grandchildren.

Marc: My wife and I have a trust set up and have two children, that are involved in it and their children. My daughter passed away last year and her husband is not the type of individual that I would want to benefit at all. What goes to my grandchildren will be held until they are 30 years old. Does he have a claim on anything being her former husband?

Attorney Tom Olsen: Absolutely not. You have a surviving son, is that correct?

Marc: I do.

Attorney Tom Olsen: All right. Your surviving son more than likely is going to be the trustee, when you and your wife have passed away. Your surviving son as trustee will decide how to spend that money on your grandchildren for their health, education, support, maintenance. Now, to the degree that your son decides, "Hey, I need to help them buy a car." Certainly, that's some financial benefit to their dad or if your son says, "Hey, I need to help them go to college," that's a benefit to their dad, but no way will your son be giving money directly to dad.

Marc: Okay and he can't take it to court and say we were married, once you passed away so what was going to her should be mine or anything like that?

Attorney Tom Olsen: No, absolutely not. You do not need to be concerned about that, Marc.

Marc: I really do appreciate that.

Attorney Tom Olsen: You are very welcome, Marc.

Marc: You very much answered my question.

Attorney Tom Olsen: You are very welcome. Here, folks, my name is Tom Olsen. The name of the show is Olsen on Law.