Leaving money to a child or grandchild who is young, struggling financially, or simply not ready to manage a windfall worries many Boca Raton parents. The good news is that Florida law gives you flexible tools to protect an inheritance. Here are the questions families ask most.
What happens if I leave money outright to a young heir?
If you leave assets directly to a minor, Florida courts may require a guardianship of the property, which is supervised, expensive, and ends when the child turns 18. Handing a teenager a lump sum the day they become an adult rarely turns out the way parents hope. For an heir with creditor problems, gambling issues, or a difficult marriage, an outright gift can be lost to creditors or a divorce almost immediately.
How does a trust protect the inheritance?
Instead of giving assets directly, you leave them to a trust managed by a trustee you choose. The trustee distributes funds according to your instructions, for example for health, education, and living expenses, or in staged amounts at certain ages. Florida’s trust code (Chapter 736) gives you wide latitude to design these terms. A Boca Raton parent might direct that a child receive distributions for college, then portions of principal at ages 25, 30, and 35.
What is a spendthrift provision?
A spendthrift clause is a key tool for protecting a financially vulnerable heir. Under Florida Statutes Section 736.0502, a properly drafted spendthrift provision prevents a beneficiary from assigning their interest and generally blocks creditors from reaching trust assets until the trustee actually distributes them. This means an heir cannot pledge their future inheritance to a lender, and most creditors cannot force a payout while the funds remain in the trust.
Can I keep an inheritance out of my child’s divorce?
Inherited property kept separate is generally not marital property in Florida, but commingling, such as depositing it into a joint account, can change that. Leaving the inheritance in a properly structured trust rather than outright helps keep it separate and makes it far harder for a soon-to-be ex-spouse to claim a share.
Who should serve as trustee?
For a young or struggling heir, the trustee choice matters enormously. Some Boca Raton families name a trusted relative; others prefer a professional or corporate trustee for impartiality, especially when distributions might be contested. You can also name a co-trustee or a successor to provide oversight. The right answer depends on family dynamics and the size of the inheritance.
What about a special needs beneficiary?
If an heir receives needs-based government benefits, an outright inheritance can disqualify them. A special needs trust can hold assets to supplement, not replace, those benefits. This is a specialized area where precise drafting is essential.
The bottom line
You do not have to choose between leaving an inheritance and protecting it. With a well-designed Florida trust and a thoughtful spendthrift provision, Boca Raton families can provide for the people they love while shielding the gift from creditors, divorce, and a beneficiary’s own inexperience.
This article is general information about Florida law and not legal advice. Protecting an inheritance requires drafting tailored to your family. Consult a licensed Florida estate planning attorney before relying on any strategy here.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
