07/28/2026
In the state of Florida, I am the member of an irrevocable trust. We have a signed Resignation Agreement between my father's former managers who were named in my father's will. The personal Representative wrote in my father's will that the managers were to receive 30% of the gross that my father's music earns worldwide. The trustee worked out a "Sunset Clause" stepping them down from 30 to 20 to 15 to 10 to 5% BUT IT DOESNT GO TO 0%. It also says they get 20% in purpetuity for my father's Life Rights. What does this mean?
Short answer:
“Perpetuity” means forever, unless a court or a governing document later invalidates or modifies it.
In your situation, it means the former managers’ percentage never drops to 0 and they continue receiving 20% of all income tied to your father’s “Life Rights” indefinitely — even long after his death, long after the trust ends, and long after any sunset percentages on music royalties finish.
Now let’s break this down clearly, because the wording you’re dealing with is unusually aggressive and has major implications for a Florida irrevocable trust.
🧩 What “Life Rights” usually means
In entertainment law, Life Rights typically include:
The right to make films, documentaries, biopics
The right to license your father’s name, likeness, image, voice, signature
The right to create books, musicals, merchandise, branding
The right to approve or control portrayals of your father
The right to exploit his personal story commercially
These rights are separate from music copyrights and music royalties.
So if the agreement says they get 20% of Life Rights in perpetuity, it means:
They permanently own or receive 20% of all revenue generated from your father’s name, likeness, image, story, or biographical uses.
This is not normal for managers who resigned and were supposed to be stepping down.
🧨 Why “perpetuity” is a red flag in Florida
Florida law generally disfavors perpetual obligations unless they are clearly supported by:
Consideration
Clear contractual language
No violation of public policy
No violation of trust law or fiduciary duties
A trustee cannot give away perpetual economic rights unless:
The trust document authorizes it
The beneficiaries consent
The trustee receives fair value in exchange
It does not violate fiduciary duty
If the trustee signed this without beneficiary approval, it may be:
Ultra vires (outside their authority)
A breach of fiduciary duty
Potentially voidable
Florida courts have struck down perpetual royalty assignments when they were not supported by proper authority or consideration.
🔍 What the “Sunset Agreement” actually did
The sunset agreement stepped their music royalty percentage down:
30% → 20% → 15% → 10% → 5%
But it never reaches 0, meaning:
They remain permanently attached to your father’s music income stream.
This is extremely unusual. Managers normally get 0% once they resign.
Then the agreement adds a second perpetual stream:
20% of Life Rights forever.
This means they have two permanent revenue streams, not one.
⚖️ What this means for you as a trust member
You are dealing with:
A perpetual royalty assignment
A perpetual life-rights revenue assignment
A trustee who may have exceeded their authority
Former managers who may be receiving rights they were never entitled to under the will
A contract that may be voidable, unenforceable, or subject to challenge
Florida irrevocable trusts must operate for the benefit of beneficiaries — not former managers.
If the trustee gave away perpetual rights without beneficiary consent, that is a major fiduciary breach.
🧠 Practical implications
Here’s what “20% in perpetuity” means in real life:
If you make a documentary → they get 20%
If you license your father’s name → they get 20%
If you publish a biography → they get 20%
If you create a musical → they get 20%
If you sell merchandise with his likeness → they get 20%
If you negotiate a film deal → they get 20%
If you create a museum exhibit → they get 20%
Forever.
Even if the trust ends.
Even if you replace the trustee.
Even if the managers die (their heirs inherit the percentage).
🛠️ What you should consider next
Here are the three most important pathways:
Challenge the agreement — if the trustee exceeded authority or violated fiduciary duty, the agreement may be voidable.
Analyze the trust document — the trust language determines whether the trustee had the power to grant perpetual rights.
Determine whether the managers had any legal claim — if they were only named in the will, they may not have had enforceable rights at all.
🎯 My recommendation (based on Florida trust law)
You should treat this agreement as highly suspect and potentially invalid unless:
The trust document explicitly authorized perpetual assignments
All beneficiaries consented
The managers provided substantial consideration
The trustee documented the benefit to the trust
If none of those happened, the agreement may be:
Void
Voidable
A breach of fiduciary duty
Subject to removal of the trustee
Subject to clawback of payments
🔎 One key question for you
To give you the most precise guidance, I need one crucial detail:
Did the trustee sign this agreement without beneficiary approval?
Yes, the trustee signed without approval
No, beneficiaries approved it
I’m not sure
Your answer determines whether this agreement is likely enforceable or challengeable.
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