Legal Question in Wills and Trusts in Florida
I have a girlfriend of 5 yrs and 1 child with her. But I have 2 other children with my exwife. After I was divorced for 4 yrs I build myself a new house with just my name on it. If I should die tomorrow and have it in my will that my life insurance pays off the morgage and that my girlfriend lives in the house until her death and then at that time it goes to my children. If it is all set up like that can anyone make her leave the house unwilling?
2 Answers from Attorneys
You can leave her a life estate in the property remainder to the children. See a probate attorney and get it in writing. The ex-wife is not entitled to anything since she is no longer married to you. The two children she has will be entitled to the house. As to the other child, you need to establish that she is your child via court , via Florida Putative Statute etc.
The correct answer is: ask the attorney you hired to prepare your Will. If you didn't hire an attorney to prepare your Will, I recommend that you cease work immediately and hire an attorney.