Can you protect a child’s inheritance from a divorce settlement?

In Georgia, inheritances are the separate property of a child; not community or marital property.  Of course, actions taken by a child after receiving the inheritance can convert separate property into community or marital property.  For example, a child can receive an inheritance and transfer it into a joint bank account with their spouse (commingles the inheritance with marital assets).  If a divorce follows, the commingled assets are likely to be included in the divorce settlement of assets. To avoid this outcome, a parent can place the inherited assets in a trust for the benefit of the child, to ensure the assets are not commingled and remain separate.

About Richard Bryson

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Richard S. Bryson has over 25 years of experience with trusts, estates, business formation and representation, asset protection, incapacity planning, elder law and tax planning.

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