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Protecting the future of your adult child in a bad marriage with a trust

| Apr 8, 2021 | Estate Planning

Once upon a time, trusts were mostly for the very well-to-do, but that’s changed. The older generations are learning how to pass their wealth to their heirs as securely as possible — and that often means planning ahead for potential problems.

One of those problems could be your adult child’s choice in partners. If you’re worried that your child’s spouse will one day be an “ex” instead, a trust may be exactly what’s needed.

Why bother with a trust to protect an inheritance?

There are several good reasons to use a trust to protect your adult child’s inheritance after you are gone:

  • While inheritances are generally considered “separate property” in a divorce, that can change if the money is commingled into a joint account with other marital funds or used to buy property in state with community property laws.
  • A trust can prevent a manipulative or abusive spouse from dissipating your child’s inheritance. If your adult child ends up in a particularly bad relationship, their spouse may exert pressure on them to “share” the money you leave behind.
  • Knowing that a trust is in place can stymie opportunists. If you’re leaving behind a lot, some potential partners may see your child as nothing more than a “cash cow” they can bleed dry.

Putting an inheritance for an adult child into a trust isn’t always about controlling their future or limiting their options. Instead, it can be an act of love that will continue to protect them long after you are gone.

 

If you’re contemplating a trust or worried that your estate plans aren’t what they should be, it may be time to speak to an attorney here in Danville.