How can I protect the inheritance of my children or beneficiaries if they get divorced after they receive an inheritance from me?
Assets that your children or beneficiaries inherit may get commingled with assets that your children or beneficiaries own with their spouse. By leaving an inheritance to your children or beneficiaries in a trust, you may be adding a layer of protection so that upon their possible subsequent divorce, your children or beneficiaries will be permitted to keep their full inheritance rather than being forced to share it with their ex-spouse.
How can I leave my estate to my spouse in a way that protects the inheritance of my children or beneficiaries, so that if my spouse remarries, my spouse cannot leave my estate to my spouse’s next spouse?
Instead of leaving your estate outright to your spouse, you can leave your estate in trust for your spouse. By leaving your estate in trust for your spouse, you may make your spouse the trustee and you may allow your spouse to use the trust assets after you pass away for your spouse’s health, education, maintenance, or support. When your surviving spouse later passes away, remaining trust assets will go to the beneficiaries that you designated when you established this trust.