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Protecting Your Inheritance to your children from Divorce in California: A Guide for Children in Aliso Viejo, Laguna Niguel, and Newport Beach

Posted by James Burns | Sep 29, 2023 | 0 Comments


Inheriting assets can be a significant financial boon, but when divorce enters the picture, it can put your inheritance at risk. California is a community property state, which means that assets acquired during marriage are generally considered community property and may be subject to division in a divorce. However, with careful planning and consideration, you can take steps to protect your inheritance in the event of a divorce, especially if you reside in Aliso Viejo, Laguna Niguel, or Newport Beach.

What if everything you worked so hard to accumulate or a prior generation worked for was all at risk due to a lack of conversation with your children or failure to put  protective legal documents in place and everything was lost? All that work, all that sacrifice down the drain. In this blog post, we will explore some essential strategies to safeguard your inheritance.

  1. Prenuptial Agreement

A prenuptial agreement, often referred to as a "prenup," is a legally binding document that outlines the distribution of assets and debts in case of divorce. It allows you to protect your inheritance by clearly stating that your inherited assets will remain separate property. To ensure its validity, consult with a qualified family law attorney in Aliso Viejo, Laguna Niguel, or Newport Beach, who is experienced in drafting prenuptial agreements.

  1. Postnuptial Agreement

If you are already married and have received an inheritance, a postnuptial agreement can achieve similar goals as a prenup. It outlines how assets, including your inheritance, will be divided in the event of a divorce. Remember that both parties must willingly agree to the terms.

     2.  Keep Inheritance Separate

One of the most critical steps in protecting your inheritance is to keep it separate from marital assets. Deposit any inherited funds into a separate account and avoid commingling them with your spouse's assets. Maintain meticulous records to trace the source of the funds.

     3. Avoid Using Inheritance for Marital Expenses

Resist the temptation to use your inheritance for marital expenses like buying a family home or paying off shared debts. Using inherited funds in this manner could weaken your claim that the inheritance is separate property.

     4. Regularly Update Your Estate Plan

A well-structured estate plan can help protect your inheritance. Make sure your will, trusts, and beneficiary designations clearly specify that your inheritance should remain separate property and not become part of the community property.

     5. Consult with an Estate Planning Attorney

Working with an experienced estate planning attorney in Aliso Viejo, Laguna Niguel, or Newport Beach is crucial. They can provide expert guidance on creating trusts, updating your estate plan, and navigating the intricacies of California's community property laws.

     6. Documentation is Key

Keep detailed records of all transactions involving your inheritance. Maintain records of bank statements, receipts, and any other relevant documentation that can help establish the separate nature of your inheritance.

    7. Consider a Family Limited Partnership (FLP) or Family Limited Liability Company (LLC)

Creating an FLP or LLC can be a strategic way to protect your inheritance. These legal entities can provide a layer of protection by allowing you to maintain control over the assets while keeping them separate from marital property.


Protecting your inheritance from divorce in California requires careful planning and diligence. Whether you reside in Aliso Viejo, Laguna Niguel, or Newport Beach, it's essential to take proactive steps such as prenuptial agreements, maintaining separation of assets, and consulting with legal professionals. By doing so, you can help ensure that your inheritance remains your separate property even in the event of a divorce.

We urge you to do book a 15 minute call to discuss your situation and answer any questions; you'll be glad you did. To not know something is not your fault but to know and not act or seek answers is the worst form of inaction.

About the Author

James Burns

Estate Planning, Asset Protection, Business and Real Estate Transactions, nutraceutical Law and franchising:


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