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?”
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!
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