Is my child's spouse entitled to inherited assets?
In Florida, as a general rule, what you child inherits from you in theirs to keep if the get divorced AS LONG AS they keep the asset in their name only.
Attorney Tom Olsen: Mark, you're on News 96.5. Go ahead.
Mark: If there's a daughter or a son in a Will or Trust to receive a piece of income property and they are married, will their spouse have access to the income and to the ownership of that property or will the son or daughter retain full sole ownership of that?
Attorney Tom Olsen: For married couples who live here in the state of Florida, I'm going to tell you about Florida law. Florida law is very clear that what you inherit is yours to keep if you get divorced somewhere down the road. If you've got a daughter, Mark and you pass away and your daughter inherits bank accounts from you or a piece of real estate from you and later on she gets divorced, she's going to leave with those bank accounts and piece of real estates as long as she keeps those assets in her name only.
If she takes that bank account and she adds her husband's name to it or if she sells that piece of property and she takes the cash and puts it in a joint bank account with her husband, then he's going to get one half if they get divorced. For all you parents out there that have the same concern that Mark does and hey, believe me almost all my clients do. It's not unusual. You just need to have a quiet conversation with your kids and say, "Look, Attorney Tom Olsen told me that when we pass away and you inherit things from us, keep those assets in your name only. Do not add your spouse's name to those assets."