Can I keep my daughter in-law from getting anything when I die?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I keep my daughter in-law from getting anything when I die?

I am a widow with 2 sons (42+48). I had their names placed on the title of a home; I hold the title. The wife of 1 of my sons is planning to divorce my son when it is in her best interest to do so. Would she be entitled to share in his inheritance? If so, how could I prevent her from getting anything he inherits from me?

Asked on November 22, 2010 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the daughter in law is still married when you pass and your son inherits, she would likely share in the inheritance. There are some things that could probaboly be done, however, to prevent her from getting her hands on the asset, though those will also keep the asset, at least temporarily, out of your son's hands, too: e.g. putting that son's share in a trust, with the money in the trust to be used only for specific purposes (e.g. their children's education) or to be released to him when certain criteria are met (e.g. he's no longer married). Estate planning can be complex, so what you should do is sit down with a trusts and estate's attorney, explain what you want to do, and the attorney can advise you as to different options. None will be perfect, but the lawyer can help you pick the one that makes the most sense for you goals.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption