If mywife and I are getting divorced and I am an heir to a trust upon the death of my father, would she be entitled to any of that if I died before the divorce was final?

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If mywife and I are getting divorced and I am an heir to a trust upon the death of my father, would she be entitled to any of that if I died before the divorce was final?

Asked on September 20, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question is best asked to an attorney in your state.  But I think that if you plan this well the answer will be no.  By that I mean you could enter in to a settlement agreement where there is full disclosure and have her acknowledge the disclosure, acknowledge that the money is separate property as it is inheritance (it is in New York; check in Texas) as well as waive any right that she could possibly have - if any - to the money.  Then you could do a little estate planning hre and draw up a Will creating a trust and having the proceeds from the trust paid in to the other trust or something along those lines.  Follow through with your thoughts here: to think ahead.  Good luck. 


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