Legal Question in Wills and Trusts in Florida

I'm designated my live in partner as the inheritor of my home and personal belongs with the understanding that when she passes, the home and all the personal belongs will be left by her will to my 3 adult children.

My Dad did this but my step mother changed her will to leave all to her children and excluded me.

If I write a contract with my partner which states that she agrees as a condition of being named the inheritor of my home and personal belongings that she agrees to never change her will to exclude my children, will that contract be enforceable in a court of law in the event that she should change the will to designate the home and personal property go to her family members?

Thank you

Wayne


Asked on 11/27/17, 4:53 am

3 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The contact idea won’t work. Your homestead is also protected from devise by the Florida constitution. Seek legal advice to achieve your goals. Don’t try to do this yourself. Too many factors involved.

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Answered on 11/27/17, 5:32 am
Levi Wilkes Levi Lawrence Wilkes, Attorney-at-Law, PLLC

There is an easier way to achieve your goals. Please see a local estate attorney and have them draw up will and/or other instruments to provide for a life estate to your companion and then on to your children after that. Hope this helps.

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Answered on 11/27/17, 6:25 am
Lucreita Becude Lucreita D. Becude, P.A.

your contract will not work. There is a way to do this but you will need an attorney to draw up a proper will for you and your partner with remainder to the children upon your partner's passing.

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Answered on 11/27/17, 7:31 am


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