Legal Question in Wills and Trusts in New Jersey

Re: Leaving someone money who is divorcing

Inheritances are not subject to marital claims if the assets are kept segregated from marital assets. However, if any part is used to maintain family lifestyle, it could bear on questions of alimony and/or child support. I would recommend either creating a trust while you are living, but funding it under your Will. By giving the trustee discretion to use the funds for your sister and her children, if any, rather than have the funds go to her mandatorily, they should be sheltered from any marital claims and can also protect them from other possible creditors. You can also do this under your Will, without a separate trust. Use an attorney, such as myself who specializes in these matters, to assure the proper document(s) are prepared.

Re: Leaving someone money who is divorcing

First of all, her inheriting from you under your will does not happen until after your death. Hopefully, that will be long time off, and her divorce will be done by then.

You may restrict your bequest to her alone, or her and her children, if she has predeceased, and may even say "and not to __________, her [ex-]husband."

When you are making special provisions like this, you should consult an attorney about your estate plan rather than using forms with "fill in the blanks".

Re: Leaving someone money who is divorcing

The safest procedure would be to wait for the divorce complaint to be filed , then provide for her in the will