Can my future son-in-law claim my daughter’s inheritance if no prenup is signed?
Posted on Wed Oct 21, 2015, on Estate Planning
From our “Ask a Question” Mailbag: Spouse Claim to Inheritance
Most Recently Updated July 31, 2018.
“What if my future son-in-law refuses to sign a prenuptial agreement? Can he claim a share of what I leave my daughter?”
Spouse Claim to Inheritance
If your daughter marries her fiancé without a prenuptial agreement, and commingles with her husband’s assets what 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.
More Planning Questions?
Spouse Claim to Inheritance is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.
In Conclusion: Spouse Claim to Inheritance
I hope that this article was helpful in explaining Spouse Claim to Inheritance. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!
Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers. By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!
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