Some parents worry how their legacy to their children and grandchildren will be impacted if their child should divorce.
While an inheritance is normally separate nonmarital property under Florida law if properly maintained, it can at times be all too easy to taint that status of separate.
One of the best ways for a parent to reduce that risk is to place the intended inheritance assets into a trust, specifically, a divorce protection trust.
Depending how it’s drafted, such a trust can allow the children the use and control of the assets, yet still preserve the protection from the spouse.
And unlike a prenuptial agreement, it doesn’t require the other spouse’s agreement.