Legal Question in Wills and Trusts in Florida
my estate
I want to know if I was to get married today - would my new husband be entitled to my condominium which I own and still have a mortgage on? I have alot of equity in my home and would prefer my children get my estate if I were to die. I don't feel my new husband is really entitled to it beings I have owned it for some time and haven't been with him long. What is the law - is there a certain numbers of years we have to be together for him to be entitled to it? Thank you for your time.
1 Answer from Attorneys
Re: my estate
No matter how your will or trust might read, without a premarital agreement, your husband would be entitled to a life estate in your home, with the home passing on to your descendants at his later death. He would also be entltled to at least 30% of your estate, including joint bank accounts, accounts with beneficiaries such as IRAs, jointly-held real estate, etc. The length of your marriage has no bearing on this, whether 20 minutes or 20 years. In fact, if you get married, your husband must sign if you wish to refinance or sell your home. You would be foolish to remarry without a premarital agreement.
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