Legal Question in Wills and Trusts in Florida
Is there such thing as ''commom law'' marriage in Florida - how do I protect my
My father has been living with his girlfriend for about 7 years in Florida. He has a substatial net worth and my sisters and I are afraid that she will claim she is his ''commom law'' wife and demand everything at the time of his death. My father has written a will and has stipulated what she exactly gets, but has not communicated that to her. We are unsure of what she knows or doesn't know, but we know that he and she do not speak about this topic. Please let me know if:
1. Florida has a ''common law'' rule, and if so, what it is (i.e., the number of years they must be together).
2. How best to keep her from taking everything at the time of his death.
3. How best to write in the will exactly what my father intends on her to have.
Thank you to whomever can give me an answer on this! I have researched this for the longest but have not found a good answer to these questions.
2 Answers from Attorneys
Re: Is there such thing as ''commom law'' marriage in Florida - how do I protect
1. no such thing.
2. Have the original will filed with an independent party(lawyer or court).
3.I would have to read it to see if it is ok.
Re: Is there such thing as ''commom law'' marriage in Florida - how do I protect
There is no common law marriage in Florida. As long as they do not actually get married, your father's girlfriend cannot claim a spouse's "elective share." Except for whatever assets they may own jointly with right of survivorship, she should not get a thing unless specifically bequest to her in a will. Simply have your father specifically bequest to her whatever he wants her to have (or title whatever property jointly). Be careful with the residuary clause. If it gets more complicated that the bequest of some antiques and the season tickets, I would consult an attorney to make sure you have the appropriate language.
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