Protecting Inheritance in Massachusetts: A Clear Planning Guide for Families Before and After Marriage

The most effective inheritance protection comes from understanding how estate planning and pre-nuptial or post-nuptial agreements work together to preserve family wealth during life and across generations.

Why Inheritance Is Vulnerable in a Massachusetts Divorce

Massachusetts follows an equitable distribution model in divorce. This means courts divide assets in a manner they consider fair—not necessarily equal—and they may consider all property owned by either spouse, regardless of how or when it was acquired.

That includes:

• Inherited real estate
• Gifts from parents or relatives
• Family businesses
• Investment and brokerage accounts
• Trust distributions or interests

Even when an inheritance is received before marriage, it may become subject to division if it is a long term marriage and the inheritance is:

• Deposited into a joint account
• Used to pay marital or household expenses
• Improved or managed by both spouses
• Appreciated during the marriage
• Poorly documented as separate property

For families with long-held property or complex assets, these risks can compound over time.

Anticipated Inheritance

In Massachusetts, an inheritance that has not yet been received is generally considered an expectancy, not a marital asset. However, that does not mean it is irrelevant in a divorce.

Under Massachusetts law, courts may consider a spouse’s anticipated inheritance when evaluating equitable division, alimony, or overall financial circumstances—even though the inheritance may not have been received yet. To balance fairness with privacy, courts may allow the use of a Vaughn affidavit, which provides a limited, sworn summary of a parent’s estate plan or the likelihood of future inheritance without requiring full disclosure of confidential estate planning documents.

This means:

• A future inheritance can influence divorce outcomes
• Parents’ estate plans may become indirectly relevant
• Lack of planning can unintentionally expose family wealth to scrutiny

For families with assets, failing to plan for anticipated inheritance can create unintended consequences during a child’s divorce—even decades before assets transfer.

Where Estate Planning May Fall Short

Estate planning tools—such as wills, trusts, beneficiary designations, and asset-structuring strategies—are essential for directing how wealth transfers at death.

However, in Massachusetts, if the proper estate planning is not done, it may not shield inherited assets from divorce during a beneficiary’s lifetime. An adult child may receive assets exactly as intended, only to later see them become part of a marital estate. Additionally, without proper estate planning by the parents, a potential inheritance not yet received can have a detrimental effect on an adult child going through divorce. 

How Pre-Nuptial Agreements Protect Inheritance

A properly drafted pre-nuptial agreement can preserve inherited wealth by:

• Clearly defining inheritance and family assets as non-marital property
• Preventing commingling from eroding that protection
• Addressing how appreciation or income from inherited assets is treated
• Safeguarding interests in family businesses or real estate

For families in Metro-West and the South Shore—where generational homes, waterfront property, and closely held businesses are common—pre-nups are often a critical layer of protection.

Post-Nuptial Agreements: Protection After Marriage

If a pre-nup wasn’t created, a post-nuptial agreement can still provide meaningful protection when properly structured.

Post-nups can:

• Reinforce that inheritance remains individually owned
• Protect gifts or inheritances expected from aging parents
• Clarify ownership as finances grow or change

Massachusetts courts recognize post-nuptial agreements when they are fair, transparent, and carefully drafted—making them an important option for established couples.

How Proper Estate Planning Protects Inheritance

Thoughtful estate planning is one of the most effective ways to protect inherited assets—both before and after they pass to the next generation.

When done correctly, estate planning may:

• Keep inheritances legally separate from marital property
• Limit how and when assets are distributed
• Reduce the risk of commingling after receipt
• Minimize the impact of divorce on family wealth
• Preserve privacy and control across generations

Key strategies include:

• Trust-based planning, which can shield assets from division if structured properly
• Discretionary trusts, limiting a beneficiary’s direct ownership or control
• Spendthrift provisions, restricting access by creditors or divorcing spouses
• Clear documentation, preserving the separate nature of inherited assets

Importantly, estate planning is most effective when coordinated with pre-nuptial or post-nuptial agreements. Together, these tools reinforce the intent to keep inherited assets protected during life—not just at death.

For Massachusetts families with long-held property, businesses, or investment assets, proactive estate planning is not just about transferring wealth—it’s about protecting it.

Why Parents of Adult Children Should Be Part of the Conversation

Parents across Boston’s suburbs, Metro-West, and the South Shore often plan to leave:

• Waterfront or vacation property
• Family cottages or Cape homes
• Investment portfolios
• Small businesses or professional practices

Without coordinated planning, those assets can become entangled in a child’s future divorce—sometimes decades after the original inheritance.

Families should consider:

• Using trusts to maintain separation and control
• Discussing pre- or post-nuptial planning alongside estate plans
• Avoiding commingling of inherited funds
• Keeping inherited assets in separate accounts
• Maintaining clear records of value, ownership, and improvements

Who Benefits Most from This Type of Planning

This integrated strategy is especially important for:

• Adult children preparing for marriage
• Parents seeking to protect family property
• Individuals with high-value or complex assets
• Blended families or multi-parent households
• Business owners and real estate investors
• Anyone expecting a significant future inheritance

A Complete Strategy Protects Both Wealth and Relationships

General estate planning alone does not protect inheritance during marriage.

Pre- and post-nuptial agreements alone do not control long-term wealth transfer.

Together, they create a comprehensive framework that protects assets, clarifies expectations, and reduces the likelihood of future conflict.

Starting these conversations early—before life events force difficult decisions—makes the biggest difference.

Protect Your Family’s Legacy with Confidence

If you or your adult child is preparing for marriage, or if you are reviewing an existing estate plan, this may be the right time to consider how trusts and marital agreements can work together.

The attorneys at Long Hagan Huff-Harris help families throughout Boston Metro-West, Duxbury, and the South Shore create thoughtful, durable plans that protect what matters most.

We invite you to schedule a confidential consultation to discuss your estate planning or marital agreement needs. We’re here to guide you every step of the way.