Klenk Law

If my son-in-law refuses to sign a prenuptial agreement, can he claim a share of what I leave my daughter?

Posted on Tue Oct 13, 2015, on Estate Planning

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

If your daughter marries without a prenuptial agreement, then commingles what she inherits from you with her husband’s assets, then she may well lose some or all of that inheritance after a divorce. Further, when she dies, she may well leave all of her inheritance to her husband, who is then free to 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 will protect her inheritance from her husband. When properly drafted, the trust can protect her inheritance from divorce and lawsuits. In addition, at her death, it can hold any remaining money for your grandchildren (rather than your son-in-law). The terms of these trusts can vary broadly, 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.

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