Legal Question in Wills and Trusts in New Jersey
My will leaves everything to my children. should they divorce, will their inheritance be outside of any divorce settlement?
thanks, fred otten
2 Answers from Attorneys
To answer your question, I really need to see a copy of your will and review the language that leaves the assets to your chileren.
However, in general, if a child is divorced prior to your death, the ex-spouse would not inherit. If they divorced after your death, and the inheritance was kept seperate from marital propety, it should also not be subject to claims of the spouse. However, it it is not kept seperate, it's possible the spouse could receive a portion of the property if it was deemed to be a marital asset.
It is important for your children to keep inherited property seperate from marital property [or for you to establish a TRUST to hold the property for the child's benefit, which would protect the inheritance from claims of creditors or ex-spouses].
Sort of. To make it work out the way you want, you really need a lawyer who handles wills and who also knows divorce law. I do, so call me if you would like. The phone call is free, and we can discuss your son's situation.