Florida Elder Law & Estate Planning Blog

How can I prevent my child’s inheritance from going to his spouse?

Joseph S. Karp

We are frequently confronted with the question from our clients, How can I divorce-proof the inheritance I’m leaving my child? How can I make sure that the money I’m leaving to my child goes to my child’s children, and not to their spouse? Fortunately, you can. We create special trusts wherein you leave the money for your child and his or her children in that trust, so that upon your child’s passing, it won’t go to their spouse. It will pass to your grandchildren. Also because it’s been segregated from your child and there are restrictions upon its usage for the child and grandchildren, it is not subject to attack in a divorce, in case your child unfortunately goes through one.