Legal Question in Family Law in Georgia

If I leave all my assets to my daughter do they also go to her husband

Asked on 1/24/16, 2:26 pm

1 Answer from Attorneys

Stephen Worrall The Manely Firm, P.C.

Not by the leaving the assets to her. They would be her separate property and not subject to a divorce. If she does not mix them in with other marital money, they remain her separate property. But, if she dies and owns the assets you left her, they, or a portion of them, could become his property, either by a will in which she gives all of her property to him or by dying without a will, in which case he could receive all or a part, depending on whether they have children.

The best way to ensure a child's spouse does not end up with money you want to leave that child is through a living trust or a testatmentary trust with a lifetime asset protection trust share for the child. The money left for her can be used by her, but cannot be given away or cannot be subjected to her creditors, including a spouse in a divorce case. If she dies before using it all, you can retain control over where it goes after her death, such as to a trust share for her children or to a charity.

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Answered on 1/25/16, 6:20 am

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