Solomita Law, PLLC
Solomita Law, PLLC
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    Orlando, FL 32826
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Protecting An Inheritance With Estate Planning

Protecting An Inheritance With Estate Planning Lawyer, Orlando CityThe following article will cover:

  • The methods you can use to protect an inheritance from divorce and legal issues.
  • What types of trusts you should set up for your beneficiaries who have special needs.
  • How you can protect your minor and young adult children and their inheritances.

Can I Set Up My Estate Planning Documents To Protect Inheritance In The Event My Beneficiaries Divorce In The Future?

In most cases, inheritance is already protected, as it is generally designated only for the direct beneficiary and not their spouse. To maintain this protection in the event of a future divorce, you should:

  1. Keep the inherited assets in a separate account under your name only.
  2. Avoid commingling the inheritance with joint accounts or marital assets.

By following these steps, you can safeguard the inheritance from being subject to division during a divorce.

Can My Spouse Get Part Of My Inherited Wealth In A Divorce?

In most states, including Florida, your spouse should not have any claim to your inherited wealth during a divorce, as long as the inheritance has been kept separate and not commingled with marital assets. However, laws may vary by state, and it is always advisable to consult with a legal professional familiar with your jurisdiction’s specific regulations.

Can I Set Up A Trust For A Beneficiary Who Has Mental Health Or Substance Abuse Issues?

Yes, you can set up a trust for a beneficiary with mental health or substance abuse issues. For individuals with special needs, a trust can be designed to cover expenses related to their care and well-being.

In the case of substance abuse issues, a protective trust can be established. This would be overseen by a designated individual responsible for ensuring that the funds are used only for the beneficiary’s health and welfare, and not for acquiring substances.

How Do I Set Up An Inheritance For Minor Or Young Adult Children So They Do Not Inherit Too Much Too Fast?

If you are a parent, you are understandably concerned with your children’s future, which may include their inheritance. Making sure that minor and young adult children do not spend all of their inheritance immediately can be a major concern for many parents.

To ensure that your minor or young adult children do not inherit too much too fast, you can:

  1. Include clauses in your will that appoint a trustee to manage the inheritance until the beneficiary reaches a specified age.
  2. Choose an age, such as 25 or older, when you believe the beneficiary will be responsible enough to manage the inheritance.
  3. Specify that funds can only be used for essential purposes, such as education or other important needs, until the designated age is reached.

By implementing these safeguards, you can help protect your children from potentially mismanaging their inheritance.

Do I Need To Plan For My Digital Assets In My Estate Plan?

Yes, it is advisable to include provisions for your digital assets in your estate plan, which could include emails, social media, digital currency, etc. While it may not be at the forefront of many people’s minds, having a clause in your will for digital assets can help ensure they are properly managed and distributed according to your wishes.

Should I Advise My Heirs Or Beneficiaries About What They May Receive After My Death?

It is generally better to err on the side of caution and not disclose the details of your estate plan to your heirs or beneficiaries. Relationships and circumstances can change over time, and you may need to update your will accordingly. To avoid misunderstandings or false expectations, it is often best to let your will communicate your intentions after your passing.

Can My Beneficiaries Inherit Stocks And Other Annuities?

Yes, your beneficiaries can inherit stocks and other annuities. When you complete the paperwork for these types of assets, there is usually a designated section for listing beneficiaries. While a will may not be necessary to assign beneficiaries to these assets, it is still essential to ensure that they are appropriately documented.

For more information on Protecting An Inheritance With Estate Planning, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 305-5599 today.

Alec Solomita, Esq.

Get a Fresh Start. Call
(407) 305-5599

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