As of now, I am a young adult and i don't have any assets. I am getting married soon. I would like to hire a lawyer to draft a prenup. I am anticipating a large inheritance from my grandfather's trust. Also, I am the only child and my mother is leaving everything she has to me. But my mother doesn't have a trust or a will. Only my grandfather has a trust.
If a lawyer drafts a prenup, would i have to disclose the anticipated trust inheritance and the assets my mother would leave me?
No. Disclosure of potential inheritance or bequest on prenuptial agreement not required.
Inheritances and bequests are not community property. They are separate property and not subject community property claims.
However, best practice is to disclose these items to provide absolute clarity.
What you inherit is your separate property (not community property). As long as you keep your inheritance separate -- meaning you do not co-mingle your separate property with community property and keep good records to be able to PROVE you never co-mingled funds -- then you wouldn't be required to give any of that money to your spouse. Nevertheless, if you want to mention it in a prenuptial, consider mentioning it in the middle of a list of assets, such as: "personal property owned pre-marriage, real property owned pre-marriage, any inheritance, any gifts..." Good luck to you!
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In any premarital discussions, it is alway a good idea to be open and frank about the facts; after all you are considering marriage. That being said a potential inheritance does not have to be included in your prenuptial agreement disclosures because it is not a community property asset. Inheritance remains separate property until it is commingled. You may want to include a provision in the prenuptial agreement specifically acknowledging that any inheritance remains as separate property.
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