Dear Attorneys,
My older sister is very ill, and I know that I am the main beneficiary of her estate. Things are rocky with my husband currently and I worry that if I inherit a large sum of money, he will try to take some (or all) of it if we ultimately get divorced. Is there anyway to protect this inheritance?
Sincerely,
Itching to Inherit
Dear Itching,
We are sorry to hear about your sister. That is undoubtedly a difficult situation for both of you. If you do inherit money during a marriage, it will generally become marital property. That means that yes, if you get divorced, your husband will likely be entitled to a portion of it. If that is a concern for you, you may want to see if the funds can be deposited into a trust for you, for you to receive at a later date, or, you may want to consider drafting a post-nuptial agreement to protect that inheritance as well as anything else that you would like to keep as “separate property.” Both spouses do have to sign off on a post-nuptial agreement, but if you do not already have a pre-nuptial agreement outlining what is considered joint versus sole property, then it may be beneficial for your peace of mind.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
