[FL] How do I add my fiancée to my will?
20
7
Yes, you can provide this option under special directives. This is called forming a life estate (Clemons v. Thorton (Fla. 1st DCA 2008)). You’d also appoint remaindermen—these are the people who will inherit the title once your fiancée passes.
Do you intend to marry still?
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
I want to add my fiancée to my will, specifically giving her the option to live in my house until her death or she remarries. Can I insert this under special directives in the will?
I understand you want to add a special directive in your will for your fiancée. Have you already drafted a will or is this a new will?
I already drafted the will.
Are you aware of the specific legal requirements and implications involved in adding such a directive to your will?
No.
Is there anything else the lawyer should know before I connect you?
No.
Hi there! Welcome to AskaLawyer. My name is Liz, and I’ve been an attorney for more than a decade. In what state are you drafting the will?
Florida.
Yes, you can provide this option under special directives. This is called forming a life estate (Clemons v. Thorton (Fla. 1st DCA 2008)). You’d also appoint remaindermen—these are the people who will inherit the title once your fiancée passes.
Do you intend to marry still?
Yes, we will be married. I’m concerned she’ll have somewhere to live in case I pass before we’re married.
Got it, thank you. I asked because once you marry, her rights to the property could change. As a spouse, she could claim a portion of your separate property, even if it’s not in the will.
I see. We’re getting married by a reverend and not applying for a marriage certificate at this time.
Understood. Legally, she would remain your fiancée.
I understand. So for now, can I just grant her a life estate in the will?
That’s correct.
Okay, great. When we get legally married, I guess it would be in our best interest to change my will. I’m leaving my property to my stepchildren.
Yes, it would be good to update your will at that time to reflect your new status.
Okay, thanks for your help. Have a great day.
You're very welcome. I hope I helped! If you have any more questions, feel free to ask.
