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How do I leave my child's spouse out of my estate plan?

estate planning Jun 10, 2020

This sounds harsh but to be honest, we have clients ask us this all the time.

If your daughter inherits money and subsequently divorces her spouse, these funds are generally exempt from a matrimonial property division.

The problem occurs if your daughter inherits money and then uses these funds to pay off the couple’s mortgage or to buy nice jewelry.  These items could become part of an expensive court application where the source of the funds is traced back to the inheritance. Most times these funds are simply gone and cannot be clearly traced back to the estate.

If you really want to prevent your daughter’s spouse from receiving money from your estate, you would need to set up a Trust in your Will so you can control where these funds go after you die.

Creating a trust, while effective; can have issues as well. They cost more money to place them in a Will, you will need to pay a Trustee to handle the Trust, and your daughter will never receive a large sum of money.

We realize this can be a sensitive issue to discuss. Our team of experienced Estate Lawyers are here to answer your questions and give you solid legal advice.  Call us today.  We are here to help.


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