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.