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Perhaps the best way to keep your child's inheritance separate from their spouse's money is to put it in an irrevocable trust. To do this, you would: Transfer the inheritance (money, real property, other assets) into the trust. Name your child as beneficiary.
Spouses in Tennessee Inheritance Laws For childless marriages, every piece of property that a decedent owned will be left to his or her spouse. But if the decedent had children with his or her spouse, with another person or both, the intestate estate is divided evenly among all parties.
Divvying up your estate in an equal way between your children often makes sense, especially when their histories and circumstances are similar. Equal distribution can also avoid family conflict over fairness or favoritism.
Assets Owned by a Trust Using a trust is probably the strongest way to pass assets to people other than the spouse, without requiring the spouse's permission. Many clients in second marriages use trusts to protect the assets and control the distribution to the children, rather than to the spouse.
?Trusts are the most common vehicle to protect and impact assets with some control. Parents can activate a trust while they are still living or have a trust created at the time of their passing," he said. "Trusts can also limit distributions made to current or future spouses.
While often money that is inherited during a marriage is considered marital property, with proper estate planning you can ensure that your legacy is left to your children and their children, and not to their spouse due to a potential future divorce or death.
A spendthrift Trust Will Typically Contain Provisions That Restrict trust spending to essential expenses, such as payments for medical care, groceries, and education. Stipulate that a beneficiary will only receive gifts if they meet certain conditions, such as graduating college or maintaining a high GPA.
This leads many people to wonder whether there's a way to leave money to their children without passing any rights on to their children's spouses. Typically, this can be done through trusts, and pre- and postnuptial agreements.