Legal Question in Wills and Trusts in Texas

Can Trust be structured to protect child heir in event of divorce

I am concerned about protecting assets I leave to my children. Consider following scenario.

I die and leave my assets to my two children.

Suppose one child (or both) marries and then later divorces. Can I protect the assets from going to the child's ex?

What is the best way to protect my children from a possible bad marriage? Via a trust? Via a pre-nup?

Thanks!


Asked on 2/25/05, 5:31 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Can Trust be structured to protect child heir in event of divorce

Explain to your children that their inheritance is their separate property, and to keep it as separate property to never co-mingle it with community assets. That way, in the event their marriage goes bad, their ex can't get the inheritance.

Just remember that any increase in value from the date of inheritance is community property.

You could also set up a trust with your children as beneficiary and grandchildren as remaindermen.

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Answered on 2/25/05, 6:16 pm


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