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Are there any protections in place for a child who inherits money, so that their spouse can't access or make any claim on it?

Edison, NJ |

There are protective inheritance laws in CT where the will was drawn, so does NJ have any similar laws? The child who lives in NJ has been married for at least 10 years.

Attorney Answers 4


  1. Best answer

    an inheritance is personal property and not part of the marital property. It is important in order to keep it from being split in a divorce the money needs to be strictly segregated. A trust is one way to accomplish that. The problem is when there is blurring of the lines. However, as a concept the money is not the spouses unless the inheritor makes it common property.


  2. What type of protection are you looking for and are the parents still living. Inheritance is separate property but the child can create issues with the way the property is held, managed and used during life. If you are really concerned, and the parents are living, they should consider a trust for the child if they are really concerned. Regardless, many more facts are necessary. Try contacting Mr. Zelinger (he posts on Avvo and I believe he is not far from you.)

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.


  3. You can create a trust. Plus, you should consider a trust in your estate planning so that you can avoid Probate.

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  4. Protections do exist for inherited money. First, an inheritance is considered exempt from property distribution. However, income generated from same can be utilized in calculations for alimony and child support. Moreover, if the inheritance is commingled with joint assets, the protection is lost. More often than not, I find individuals opting to utilize a trust known as a bloodline trust which allows the assets to be available for children but exempt from divorcing spouses and creditors. If properly drafted and implemented, children can have authority over these assets with these protections.

    This response does not constitute the establishment of an attorney-client relationship. It is also not to be taken as firm legal advice as such would be contingent on a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter. The response is meant to be a helpful guide to a question in a manner which reflects the limited information provided by the inquirer.

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