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The law considers inherited property to be a personal gift to the recipient and a spouse or domestic partner has no claim to it. When couples divorce, the inherited property generally stays with the person who inherited it. But inherited property must retain its character as separate throughout the marriage.
Your second spouse typically will be able to claim one-third to one-half of the assets covered by your will, even if it says something else. Joint bank or brokerage accounts held with a child will go to that child.
Obtain a prenuptial or postnuptial agreement: A prenuptial or postnuptial agreement can be an effective way to protect your inheritance. It is a legal document that outlines how assets, including inheritances, will be divided in the event of a divorce.
Using a trust (to protect your assets owned by the trust) AND a prenuptial agreement (to protect any assets not owned by your trust) to plan for your financial future prior to marriage offers the best protection.
Is an Inheritance Separate or Marital Property? In most states, an inheritance is considered separate property, whether you receive an inheritance before, during or after your marriage. Your spouse is not entitled to use or spend your separate property.