From our “Ask a Question” mailbag: My son refuses to get a prenuptial agreement, how do I shelter the money I will leave him from my future daughter-in-law?
If your son refuses to protect himself, you have other options to protect the money you leave him. Instead of leaving him his inheritance outright, through your will or Revocable Living Trust you can form a protective trust to hold his inheritance. This irrevocable trust can be drafted to allow your son to serve as the trustee with broad rights to use the trust assets for himself, all while keeping the assets sheltered during and after a potential divorce.
You have to be honest with yourself. If your son is the trustee, then he will have the power to remove the assets and get them to his new wife. If you feel that he would do this, then it would be best to name someone else as trustee. This person might charge a fee, but that fee will be worth paying if your concerns about his future wife prove correct: the money will be sheltered to give him a nest egg for his future.