Legal Question in Wills and Trusts in New Jersey

Estates

A deceased father with no surviving spouse leaves his remaining estate to a sole heir (his daughter) What actions are available to the daughter tp prevent her husband from gaining access to half the proceeds of his deceased father-in-law? i.e the daughter wants to keep the inheted money in her name in case of a future divorce.


Asked on 8/01/07, 3:10 pm

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Estates

Generally, what the daughter recieves from her parent's estate is treated as seperate property and not subject to equitable distribution in the event of her divorce. That said, she should not 'co-mingle' this property with other marital assets or joint property. She should set up a seperate bank/brokerage account in her name alone and keep the inherited property in this account.

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Answered on 8/01/07, 3:27 pm
Robert Davies The Davies Law Firm, P.A.

Re: Estates

I have read what the other attorney wrote. there are a couple of other things to do, as well.

if a divorce might be happening, it would make sense to talk to a divorce attorney NOW, to plan it right.

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Answered on 8/01/07, 4:18 pm


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