Can I keep my daughter in-law from getting anything when I die?
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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 13 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.
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