Reclaiming a Memorial Fund

[Florida 2010]

What is the name of your state (only U.S. law)? Florida

My father died a few months ago, and he was the leader of a non-profit youth organization. In lieu of flowers or money to the family, we asked that people make donations to a memorial fund set up in his name by the non-profit organization.

However, in the weeks that followed, the organization has repeatedly damaged my father's name, reputation, and made life extremely difficult on my family and me. They received almost $10,000 in donations to his memorial fund, and they are exploiting his death for their own gain.

My question is whether we have any recourse to sue them for control of the memorial fund? It was established hastily and at a time of great duress, and my family is about to severe all ties with the organization and do not want them to continue exploiting my father's name, or using monies donated to his memory. What can we do? Any and all help will be greatly appreciated.

Thank you.What is the name of your state (only U.S. law)?

 

[ShyCat]

My question is whether we have any recourse to sue them for control of the memorial fund?

Realistically, no. You can always sue but there is no legal basis on which you would win. The gifts were not given to your father. They were freely given to the non-profit organization through the memorial fund, and therefore belong to the non-profit organization, not to your father (or his estate).

 

[Florida 2010]

Realistically, no. You can always sue but there is no legal basis on which you would win. The gifts were not given to your father. They were freely given to the non-profit organization through the memorial fund, and therefore belong to the non-profit organization, not to your father (or his estate).

Can we at least influence how the money is distributed? They are planning on keeping all of the money, even though there were explicit instructions on dispersal upon establishing the fund.

Also, is there any recourse if the memorial fund is not properly established? Basically, we advised people to make the checks out to the organization, while writing "Memorial Fund" on the memo line. Most of the donors would want the money to be dispersed as the family sees fit, and they would testify to that fact in court. Isn't there any way that we could gain control over at least a portion of the fund?

 

[Zigner]

Can we at least influence how the money is distributed? They are planning on keeping all of the money, even though there were explicit instructions on dispersal upon establishing the fund.

Also, is there any recourse if the memorial fund is not properly established? Basically, we advised people to make the checks out to the organization, while writing "Memorial Fund" on the memo line. Most of the donors would want the money to be dispersed as the family sees fit, and they would testify to that fact in court. Isn't there any way that we could gain control over at least a portion of the fund?

The answer doesn't change just because you reword the question.

 

[justalayman]

They are planning on keeping all of the money, even though there were explicit instructions on dispersal upon establishing the fund.

explicit instructions by whom?

the money was donated to the org. Unless they stated all funds would be paid in a certain fashion, it it theirs to do with as they will.

Even if they made promises as to how the money would be spent, you would still have no control or standing to argue about how the money was spent other than whatever you have personally donated.

so, basically the answers to your questions are:

no, no, no, no and no.

If I missed one, just add another no to the group.

 

[Florida 2010]

The answer doesn't change just because you reword the question.

Thanks.

I was attempting to elaborate. There are too many elements to get into on a public forum, but perhaps without fully disclosing the details, you are unable to offer a complete answer.

If any of you can offer the actual laws or legal precedents reinforcing your responses, I would greatly appreciate it. However, I understand this is a free forum and you get what you pay for.

We are going to fight this regardless, because it is borderline fraud what they have done. Justice is created, not always mandated. Thanks, again, for the sincere and informative responses.

 

[Antigone*]

Thanks.

I was attempting to elaborate. There are too many elements to get into on a public forum, but perhaps without fully disclosing the details, you are unable to offer a complete answer.

If any of you can offer the actual laws or legal precedents reinforcing your responses, I would greatly appreciate it. However, I understand this is a free forum and you get what you pay for.

We are going to fight this regardless, because it is borderline fraud what they have done. Justice is created, not always mandated. Thanks, again, for the sincere and informative responses.

No, there are not too many elements here. These funds belong to the organization - not the family.

Unless you have a contract with this organization as to how the funds will be spent, you've got bubkis.