Klenk Law

What happens to my daughter’s inheritance if my future son-in-law refuses to sign a prenuptial agreement?

Posted on Wed Oct 21, 2015, on Estate Planning

From our “Ask a Question” mailbag: What if my future son-in-law refuses to sign a prenuptial agreement? Can he claim a share of what I leave my daughter?

If your daughter marries her fiancé without a prenuptial agreement, and commingles with her husband’s assetswhat she inherits from you, then—in a divorce—she may lose a share or all of her inheritance. Further, if she dies after receiving the inheritance, she may give all of her inheritance to her husband who is free to then leave those assets as he sees fit at his death.

Luckily for you, New Jersey has very broad rules that allow you to form a trust in your will for your daughter that protects her inheritance from her husband. When properly drafted, the trust can protect her inheritance from divorce and lawsuits. At her death, it can hold the remaining money for your grandchildren (rather than your son-in-law). The terms of these trusts can be tailored to individual circumstances, so I would need much more detailed information from you to help you decide what terms would best serve your family.

If you have any other questions about Estate Planning, Trusts or Will drafting, feel free to contact our office for a free consultation with one of our NJ Estate Planning Attorneys.

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Burlington County, New Jersey

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