Legal Question in Real Estate Law in Oregon

protecting children's inheritance

This is a second request. I"m not sure I gave the right e-mail address the first time. Question: Is there a way to keep our children's inheritance out of a divorce settlement, in the event of divorce after our deaths? We own business, land and commercial property.

Thank you.


Asked on 6/28/00, 2:23 am

2 Answers from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: protecting children's inheritance

See my answer to question 730314591.

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Answered on 9/07/00, 11:53 pm
Jeffrey W. Jones Jeffrey W. Jones, P.A.

Re: protecting children's inheritance

It is unclear to me what you are asking. An inheritance is a promise (usually in a will) to gift personal or real property to someone. However, until the grantor dies, nothing exists but a promise. Sometimes a promise like that may be enforcible if there is a change. If the property that you own may one day become your children's inheritance, then you and your spouse may have to decide how your property will be divided and gifted. If your divorce settlement provides for certain property to be gifted to your children, then the death of spouse should not have any effect, depending on the structure of the settlement. You should contact an attorney about your situation because it appears to complex for a BBS answer.

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Answered on 9/05/00, 5:53 pm


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