If my son doesn’t get a prenup, can I shelter his share of my estate?

From our “Ask a Question” mailbag: My son is getting married this fall and his fiancé refuses to sign a prenuptial agreement. I am worried that if I die, his share of my estate will end up going to her in a divorce. What can I do?

As part of your estate plan, we could incorporate in your will a trust to hold your son’s share of the estate. Simply put, if your money pours into a properly drafted trust rather than into your son’s hands, then your future daughter-in-law will have no claims to the assets in a divorce. This can be a rather simple trust, or it can end up rather complex. It all depends on your wishes. I can walk you through the possibilities and you can then decide what terms best fit 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.