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Pembroke Pines, FL 33024

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Fort Lauderdale, FL 33301



My Child Is Married and I Don't Trust His Spouse. How Can He Keep His Inheritance Out of Her Grasp Just In Case They Get a Divorce?

Under Florida law, inheritances are the separate property of your child. So his spouse has no rights in or to the inheritance. Of course, what your child does after he receives the inheritance can change what was once his separate property into a marital asset. The most typical example is where the child who receives the inheritance places the assets into a joint bank account. Once he does that, it may not be his separate property anymore. So the best approach is to make sure he doesn't commingle these newly received assets with the joint assets of he and his spouse. Certain types of Living Trusts can help greatly in preserving these inherited assets as separate property.