Lincoln & Wenk, PLLC
View Blog Navigation

Ensuring that your grandchildren get some of your inheritance

You want to leave money to your children, but you're also worried about your grandchildren. You'd like to ensure that they get some of what you're leaving behind, that it isn't lost by the next generation due to divorce or poor financial planning.

The first thing to do is to sit down with your kids and talk about your estate plan, your intentions and how you want the grandchildren to be involved. If they know what you want, you can often simply work together to set up accounts and other channels to ensure that the money goes to the grandchildren.

If your children are divorced or not yet married, you may also want to talk about prenuptial agreements. One fear that you have could be that your child will lose half of the money in a divorce or buy assets with his or her spouse, which will then be lost. Either way, you don't want someone who may only be in your family for a short time to take a significant amount of the money. A prenup can make sure that doesn't happen.

Furthermore, you can set up a trust. This way, even though the grandchildren are minors, the money belongs to them. It's not in your children's estates and can't be spent or lost in a divorce. It's set aside for the grandchildren, and the trust can even dictate when it pays out to them -- perhaps when they reach a certain age.

These are not all of your options, but you can see that there are tactics you can use to divide your assets the way you want and to protect them if you think the next generation may lose them. Be sure you know all of the estate planning tactics available to you.

Source: The Balance, "How to Protect Your Child's Inheritance From Spouse," Julie Garber, accessed April 27, 2017

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • 2015 ARAG | Elite Service Provider
  • AV | Peer Review Rated for Ethical Standards & Legal Ability | Preeminent | Martindale-Hubbell from LexisNexis
  • American Association for Justice | Formerly the Association of Trial Lawyers of America (ATLA)
  • Arizona Association of Family Law Attorneys - AZAFLA
  • Lincoln & Wenk, PLLC BBB Business Review
  • Association of Top 100 2019 | American Trial Lawyers
  • American Academy Of Trial Attorneys | AATA | Premier 100 | 2015
  • Family Law | Top 10 | Attorney And Practice Magazine's | 2018 | Attorney
  • Top Valley Lawyers 2017 | North Valley Magazine
  • American Institute of Family Law Attorneys | 10 Best 2017-2018
  • Veteran Owned Business - A Registered Vetrepreneur on Buyveteran.com - 2014
  • Avvo Top Attorney
  • Avvo Client's Choice
Email Us For A Response

Need legal help from an attorney?
Contact us now to schedule a consultation with our lawyers

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Goodyear Office:
1616 North Litchfield Road
Suite 140
Goodyear, AZ 85395

Phone: 623-748-4890
Fax: 623-536-1984
Goodyear Law Office Map

Peoria Office:
14050 N. 83rd Avenue
Suite 290
Peoria, AZ 85381

Phone: 623-748-4890
Fax: 623-536-1984
Peoria Law Office Map

Phoenix - Desert Ridge Office:
20830 N. Tatum Blvd
Suite 210
Phoenix, AZ 85050

Phone: 623-748-4890
Fax: 623-536-1984
Phoenix Law Office Map