Parents usually want to provide for their children after they die, but often don’t want to provide for their daughter-in-law or son-in-law. The good news is that in Florida, it is well settled law that noninterspousal gifts (a gift not intended for the couple, but just one spouse) received by your son or daughter, either during your life, pursuant to a bequest in your will or trust, or pursuant to a beneficiary designation, are nonmarital assets and thus not subject to a division of assets in a divorce, if your child follows the rules! See Section 61.075(6)(b), Fla. Stat. and Street v. Street, 303 So. 3d 1253 (Fla. 2d DCA 2020). As long as your child keeps the inheritance in a separate account, owned solely by your child, or the assets remain in the trust set up for this purpose, and doesn’t use the funds to buy an asset in both their and their spouse’s name, or to pay marital expenses, the assets will remain your child’s separate property. See Storn v. Storn, 993 So. 2d 1065, 1066 (Fla. 1st DCA 2008)

Problems arise when your child has complete control of the gift and unwittingly comingles the assets with his or her spouse. If the spouse’s name is added to the bank account holding the assets, if your child pays expenses of the marriage, including support for children from the assets, if the assets are used to repair or upgrade a joint asset, or if your child uses the assets to purchase an asset in both spouses’ name the assets may be deemed to be marital and subject to division to the spouse in divorce. See Lakin v. Lakin, 901 So. 2d 186, 190 (Fla. 4th DCA 2005). Additionally, should your child keep the account completely separate, and not use it for any joining assets, and your child deposits marital assets into the account, then that accounts loose its separate identity upon the commingling of funds over time. See Crockett v. Crockett, 708 So. 2d 329, 330 (Fla. 1st DCA 1998).

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