My daughter is getting married in TX. Neither have any assets now, but my daughter sometime in future will inherit.

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Does she need a prenuptial agreement to protect her if they get a divorce, if she does not co mingle her inheritance?

Attorney Answers

3
Kevin Pate ·
The person who will pass on their wealth may wish to consider your daughter could agree, or be quietly compelled, to waive protections under a pre-nuptial agreement. However, if the assets are put into trust for her benefit, the trustee can protect squandering or deceitful grasps of assets while providing for your adult offspring.
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Brandi Gragg ·
It is very easy to prove that inherited assets are co-mingled and therefore joint property. It is also very difficult to ensure that all inherited assets remain separate and apart, especially if the marriage is long lasting and/or they have children. The safest way to protect any potentially inherited assets from your daughter's future husband would be to put them into a revocable trust that spells out how the inherited assets should be handled. I encourage you and/or the family member who may bequeath the assets to your daughter to visit with an attorney familiar with trust and estate planning and determine if a trust would be the most appropriate way to protect any inherited assets from your daughter's future spouse if that is truly a concern.
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Keegan Harroz ·
I recommend a prenuptial agreement and a properly drafted trust. Contact a local attorney to assist with both.
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