Legal Question in Wills and Trusts in Illinois

Your question would really be better posted under family law. My understanding is that inherited property is not marital property. So, you may not have a concern, but a family law attorney may suggest whether there would be any concern. Otherwise, it would really be your father that should get some advice regarding options, such as the use of a trust.

In the event of a divorce, "marital property" does not include inherited funds. However, if you fail to keep the property separate by putting the inherited funds into an account shared with your husband, you will lose the "marital property" character of the property. Also, in the event of a divorce, your potential obligation to furnish support or maintenance to your spouse may compromise the protected status of the funds. You should be sure you have your own will or trust to direct how the property you inherit would be disposed of in the event of your death. Is your marriage really unstable or is your husband acting out? If the former, you should see a family law practitioner as soon as possible.