Legal Question in Wills and Trusts in Florida

Trusts

I am a single mom with a 9 year old daughter. I own my house free and clear. I am setting up a trust for my daughter with the house in it. I am making her the sole beneficiary.

I am also getting remarried in 4 months. My husband to be is already living in the house with us.

If I were to die after we got married, would he have any rights to the house? I am trying to set it up so my daughter would get the whole house if I were to pass away. Can you help me?


Asked on 6/06/08, 2:49 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Trusts

You MUST have a pre-marital agreement in which your fiance waives his homestead rights. Otherwise he will have at least a life estate in your home at your death. Placing the home in a trust wil not solve this problem.

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Answered on 6/06/08, 3:55 pm


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