How Trusts Protect Your Married Child’s Inheritance

As a parent, you’ve likely worked hard to build your savings and assets, hoping to leave a legacy for your children. One common concern is how to protect your child’s inheritance from being shared with their spouse, especially in the event of a divorce. Whether you're thinking about your child's future marriage or simply want to ensure that your assets stay in the family, there are strategies available to help safeguard your hard-earned estate.

Can a Trust Keep an Inheritance Separate?

For families in San Antonio, establishing a trust is one of the most effective ways to keep your child's inheritance separate from their spouse. A trust gives you the power to control how and when your assets are distributed to your child, ensuring that only they benefit from the inheritance. Read more in our article,

You can set up a trust either during your lifetime or to take effect after your passing. By naming the trust as the beneficiary of your retirement accounts, life insurance, or other assets, you can make sure that the trustee—someone you appoint—follows your specific instructions about when and how the inheritance is distributed to your child. Read more in our article, Want to Leave Your Retirement Account to Your Minor Child? 

A properly structured trust can also protect against creditors or any future legal claims, adding an extra layer of security to your child's financial future.

Should My Child Consider a Prenuptial Agreement?

Prenuptial agreements are another way to safeguard your child's inheritance. In San Antonio, prenuptial agreements are becoming more common, especially among younger generations. This legal document, signed before marriage, outlines how financial matters—including inheritances—will be handled if the marriage ends in divorce.

If your child is open to the idea, a prenuptial agreement can specify that their inheritance is to remain separate, preventing their spouse from claiming any portion of it.

What If My Child Is Already Married?

Even if your child is already married, there are still options to protect their inheritance. A postnuptial agreement works similarly to a prenuptial agreement but is signed after the wedding. This document can clarify which assets, including future inheritances, are to be kept separate in the event of a divorce.

While the conversation around postnuptial agreements might be difficult, it is often essential for preserving your child's financial independence.

Why Work with an Estate Planning Attorney in San Antonio?

Navigating trust creation, prenuptial agreements, and postnuptial agreements can be complex. That’s where an experienced estate planning attorney in San Antonio can help. At McCammon Law, we provide personalized guidance based on your family’s unique needs. We’ll work with you to develop an estate plan that not only protects your assets but also secures your child’s financial future.

We also review other financial tools and strategies to ensure that your estate is structured effectively, minimizing the risk of claims from outside parties.

Take the Next Step to Protect Your Child's Inheritance

Are you ready to take action? Whether you're considering a trust or exploring other options to safeguard your child’s inheritance, McCammon Law in San Antonio is here to help. Request a consultation today to discuss your options and begin creating a plan that gives you peace of mind.

Key Takeaways:

• Trusts provide a way to control how and when your child receives their inheritance, keeping it separate from their spouse.
• Prenuptial and postnuptial agreements can offer legal protection for your child’s inheritance.
• Working with a San Antonio estate planning attorney ensures your estate is properly structured for long-term protection.
• Take the first step toward securing your family’s future—Request a Consultation with McCammon Law.

Reference: Northwestern Mutual (Apr. 22, 2022) “Can I Leave Money to My Kids But Not Their Spouses?”