Legal Question in Wills and Trusts in Florida

Common law marriage and property

My sister recently passed away. Her boyfriend has lived with her more than 15 years. She left a will on a piece of paper that gave her house to him when she died, but it was never recorded. She has a son who has been estranged from her for about 30 years. How can the boyfriend end up with the house as per her wishes?


Asked on 11/04/07, 2:53 am

1 Answer from Attorneys
Kelly Henderson

Re: Common law marriage and property

There is no common law marriage in Florida, or there has not been since the mid 1960's. What will happen to the house depends upon the answer to the question: is the "piece of paper" a valid will? If she signed it and there are the signitures of two witnesses, it may be a valid will. Otherwise, I think the house goes to her son. Talk to a lawyer about this.

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Answered on 11/04/07, 5:56 am


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