Legal Question in Wills and Trusts in Florida
Wishes in a will
When I die I am leaving my two sons my house. However, I am living with somebody and I would like that this person shall live in my home until at which time he dies. What would prevent my two sons from evicting him and selling my home before he dies? Is a Will with my wishes going to guarantee me that my friend won't be made to move out and the house sold by my sons? Please advise accordingly. Thank you.
1 Answer from Attorneys
Re: Wishes in a will
This can be accomplished through the Will or a Trust. Placing the property in trust might be better because there could be more detailed provisions covering use, maintence, insurance, taxes, etc... and these provisions could be monitored and enforced by a properly selected trustee. However, because of punative the Medicaide transfer rules that could apply to your situation, you should consult with an attorney before transferring any property into a trust (or even directly to another person).