Protect Your Children’s Inheritance from Lawsuits and Divorces

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Last Updated: Aug 24, 2026

Read Time: 2 mins

If you like this video, go ahead and click the thumbs up and subscribe, because we release new content all the time! If you’ve watched any of our videos or know anything about our practice, you know that we focus on asset protection trusts.

There are certain jurisdictions that allow clients to set up what’s called an asset protection trust. This means it’s a trust set up by you for your benefit, and the assets within it are protected from many types of creditor claims, including lawsuits, malpractice suits, negligence suits, divorcing spousal claims, and even bankruptcy.

One of the questions we often get is whether there are other types of trusts to protect family assets and wealth. The answer is yes. Typically, this situation arises when parents have an inheritance they want to leave to their children. That inheritance should be left inside an irrevocable trust. Some people call it a descendants trust, but we usually refer to it as an inheritors trust. There are different ways to structure it, but the key is that any assets you leave to your children or anyone else inside an irrevocable trust will remain protected as long as they stay inside and the trust is structured correctly.

This type of trust can protect against creditor claims, lawsuits, malpractice suits, negligence suits, and, most importantly for many families, divorcing spousal claims. These are the biggest concerns when passing on family wealth because, even in the best of times, marriages can be challenging. Families want to ensure they’re taking care of their children and grandchildren, and that someone doesn’t run off with that hard-earned family wealth.

So, keep that in mind. And, like I said, subscribe to our channel and give us a thumbs up!

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Stuart Green Law combines modern South Dakota trust law with integrated estate planning, wealth management, and fiduciary services for families throughout the United States and internationally. The firm’s approach is built around selecting the strongest legal framework available, maintaining continuity of planning judgment, and bringing every part of the family’s wealth strategy into alignment with its long-term objectives.

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Families are not limited to the trust laws of their home state. Stuart Green Law integrates South Dakota’s sophisticated legal framework into estate plans for clients across the United States and around the world, allowing families to benefit from its privacy, flexibility, asset protection, and long-term trust advantages regardless of where they live.

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Client Testimonials

    
 
 
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   Thomas Gibson 
 71 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I am so GRATEFUL for Stuart Green Law!
Stuart is the kind of attorney you want protecting your family and your wealth. He opened my eyes to why South Dakota is the best  trust jurisdiction, something I never understood before speaking with him. What stands out most is that Stuart genuinely cares about family, long-term protection, and doing things the right way. His dedication to his clients is what makes him different. I would trust him with my family’s future without hesitation. Wish everyone knew about him and his law firm.
  
 
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   Charles Graham 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Working with Stuart Green Law was an outstanding experience. Stuart is knowledgeable, professional, and genuinely takes the time to understand your family’s unique goals. He explained every step of the estate planning process clearly and designed a thoughtful strategy tailored to our needs. If you’re looking for an attorney who truly cares about protecting your family’s legacy with modern, sophisticated planning, I highly recommend Stuart Green Law.
  
 
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   Mark Valentino 
 135 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I spent a lot of time researching estate planning attorneys before finding Stuart Green Law, and I couldn’t be more impressed. Stuart has an incredible ability to explain complex topics like South Dakota Trusts in a way that actually makes sense. He takes the time to answer questions, never makes you feel rushed, and genuinely cares about helping clients make informed decisions. If you’re looking for an experienced estate planning attorney, I highly recommend Stuart Green Law.
  
 
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   Angélique Green 
 161 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Stuart Green is incredibly knowledgeable and clearly operates at a very high level. His approach to estate planning and wealth strategy is thoughtful, modern, and well beyond the traditional. You can tell he genuinely cares about helping people protect what they’ve built. Truly impressive work and reputation.
  
 
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   Maria Cardenas Anderson 
 602 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had an excellent experience working with Stuart Green on my trust and will documents. From start to finish, he was incredibly responsive, patient, and thorough. He took the time to explain everything clearly, ensuring I fully understood each step of the process. Even after the trust was complete, he guided me on what still needed to be done — something I really appreciated.

Stuart’s professionalism and kind demeanor made what could have been an overwhelming experience so much easier. I felt informed and supported every step of the way. I would highly recommend him to anyone looking for a knowledgeable and attentive probate lawyer. Thank you, Stuart!
  
 
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   Chris Stinson 
 610 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Stuart Green is an exceptional estate attorney. He handled my father's living will and then his estate after his passing, as well as helping my mother finalize and complete her estate in conjunction with my father's death. Currently, he is handling the living will and estate planning for me and my wife and our family. I highly recommend him and his integrity of work.
  
 
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   Alejandra 
 611 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My experience with Stuart Green Law was a 10/10. They were professional and efficient, resolving my case quickly. I highly recommend them!
  
 
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   Joseph Marchetti 
 779 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Great guy - honest businessman.  Has been very helpful for me in providing feedback and input from a law perspective on employment and legal agreements in my personal and professional life.  Would heartily recommend Stuart to others!
  
 
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   Will Desrochers 
 792 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I have worked with Mr. Green for awhile now and can't recommend him highly enough. He is professional and and timely with his responses to my questions. I really appreciate how he helps me understand the plan for my estate. I look forward to continuing to work with him.
  
 
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   Chuma 
 906 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I’ve learned a great deal from Stuart on the foundational aspects of estate planning, legacy planning and asset protection. Having had the privilege  to work alongside Stuart, I can also say that he is a top tier counselor and focused on aligning his client’s personal goals with their long term objectives and wishes.

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