Virginia property rights question
Working on estate planing. Have daughter who is Virginia resident. My question is that if I leave an inheritance to her and she marries, does her husband have a claim on it if she keeps it in her name only? Considering trust or pre nuptual agreement if needed. Do not want future son in law to get her inheritance in event of divorce. This is not a problem in Illinois as long as inheritance is not put in husbands name. Almost got burnt on this one myself many years ago and do not want my daughter to make the same mistake. I know state laws varry.
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You are right to be concerned.
But, VA law alone may not protect her. She may move to another state after she marries. And, you also need to worry about protecting the interests of any children she may have.
All of which explains why an attorney who specializes in estate planning earns his money.
Neal0 -
I believe he can only claim community property if she places the money in a joint account. Still, as nmyers stated, consult an attorney. 0 -
Why?...is there a gun issue involved here? 0 -
Virgiia DOES make recognition of premartial seperate property, as opposed to property acquired during the marriage. However, as a lawyer, I am a great explosives engineer. There are exceptions to the state law, and you REALLY need an attorney on this one. But yes, can be done. 0 -
This is the G-U-N Broker forum, not the wife broker forum ! DUH ! 0 -
I am consulting with an estate planing attorney but he is an Illinois attorney and not an expert on Virgina law. Daughter did some research there and inheritance is not considered marital property there either. If she does a Pre nuptual agreement and does not comingle assets she should be ok. If and when she has kids it will be her responsibility to deal with those issues. Trying to keep things as simple as is practical. 0
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