Legal Question in Wills and Trusts in Florida
Newly married/stepchildren/will/deed to house
Recently married both for the 3rd time - he's 57, I'm 55. Built house in Florida, just moved in. Paid cash from sale of his house. Sale of my house went into investments. Husband's name on deed, not mine. He has 5 children by previous marriage. We both feel they should get the house but if he dies first, I want his will to state that I can remain in the house until I die. I have 1 child and will leave him any money and belongings that I have. We both feel this is fair but I'm afraid his children will find a loophole and if he dies, I'll be out on the street as they only tolerate me because they have to. Will our wills be ironclad or can they contest them and have me removed from the house?
2 Answers from Attorneys
Re: Newly married/stepchildren/will/deed to house
Do NOT rely on a will. Wills can be changed AND contested. I can draft a deed giving you a life estate, so if he dies first, you retain title for life ... remainder to his children.
772-288-9880 ... Stuart, Florida
Re: Newly married/stepchildren/will/deed to house
It does not sound like you drafted wills yet. What you want could be accomplished that way. A deed giving you a life-estate would also work. Have you considered what your child is going to get if you die first? I suggest you and your husband speak with an attorney.