Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Protecting New Jersey Inheritance from Potential Ex-Spouse Claims

Posted on Tue Oct 13, 2015, on Trusts

From our “Ask a Question” Mailbag: Protecting New Jersey Inheritance from Potential Ex-Spouse Claims

Most Recently Updated July 22, 2018.

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

File My Will Montgomery County

Protecting New Jersey Inheritance from Potential Ex-Spouse Claims – Estate Planning Lawyer, Kelly Barse.

Protecting New Jersey Inheritance from Potential Ex-Spouse Claims

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.

Form a Properly Executed Trust

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.

More Planning Questions?

Trusts are 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: Protecting New Jersey Inheritance from Potential Ex-Spouse Claims

I hope that this article was helpful in explaining trusts. 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!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, New Jersey, Trusts

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Andrea Wilson

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Klenk Law Logo
Stars

A Google User

Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel

Klenk Law Logo
Stars

Alan Kaplan

Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest, but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.

Klenk Law Logo
Stars

Sheldon P.

Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!

Klenk Law Logo
Stars

Ronald W.

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Let us put our expertise to work for you.

Free consultation within 24 hours.