Getting married later in life
 

I want to leave the house to my daughter but would like my husband, if I pass before him, to have the choice to stay in the house until he moves or passes away.

Yes, I can google it but just wanted to post first...it is not a will I would state this, is it?

thank you all.

Yes, you can put that in your will...

agree

My dad did this same thing via a trust. He also stated she can use his money for repairs, property taxes, etc. related to the home. Good for her bad for the kids!

It's called a life estate. You can set it up in the deed or in your will. It gives your husband the right to live in the house for his lifetime, and then your daughter inherits the house.

Make sure you have that put in by a qualified attorney

If he doesn't want to live in that house for the rest of his life...how is that handled?

Typically, the life estate tenant must maintain the property and pay taxes and other expenses while he is alive, but he doesn't need to live in the property. Although, he can forfeit the life tenancy and allow the property to be sold, but the "remainderman" (the daughter) would receive the proceeds from the sale, if they agree to do that. If the life estate is established in a will, other modifications can be specified.

My will (a trust) states that if my spouse sells the house, my estate/ trust gets half of the sale of the house.

If the spouse can sell the house, that would not be a typical life estate with a remainderman. It would be a completely different beneficiary arrangement.

I had a friend who past. He set up that his wife could stay for life unless she remarried and his son of course gets the house when she passes. She takes care of the regular bills and son does upkeep. Enough was left to wife and son for neither to worry. She also had another home from previous husband’s death which she sold. 2 husbands past in a few years. Nobody has yet wanted to marry the 65 year old woman.

Yes you can put it in your Will. It’s called having a ‘Life Interest’ in the house. My husband & I have the same as we are both 2nd marriages with children/grandkids.

As many have pointed out above hopefully your daughter and husband have a good relationship. Also it would not be bad if your daughter has money already. Have you discussed this with your husband? He may decide he does not want to live there because of the memories then what will he do? There are many ways to arrange trusts to providing incomes for people. Best advice is to spend a few dollars and talk to a lawyer before you decide what you want to do.

Set up a TRUST....
ANDREW CURTIS
352-315-0333
3261
US Hwy 441
Unit D2
Fruitland Park FL 34731

Set up a Trust.. I did covers all bases..

Please talk with an attorney. Many things to consider. For example. Can he have another woman live with him etc.

What would happen if the house was totally destroyed by a sinkhole, lightning, fire, flood, etc.? Who would get the insurance money to rebuild or buy a new house? Could your husband be left homeless?

Transfer on Death, Or TOD, it can then be transferred upon the death after U both have passed without taxes.

Can she use your golf clubs ?

In Florida you should have a trust.

Set up a Trust and put the house in the Trust. This is the best way to do it there then it doesn’t go through probate.

I thought if your Married your spouse is 50% owner is this not true in
Florida.

This situation is relatively common in Florida. I suggest you get a lawyer experienced in trusts and estates to help you. What you describe is straightforward for an experienced attorney and I believe will be done by a lawyer through a trust.

If not done properly and you pass before your husband, litigation between your daughter and husband might result and what you intend may not turn out even if you believe otherwise. Fights between families in multiple marriages after passing are also common in Florida.

Depends on attorney/trustee. They can approve /disapprove Expenses submitted to the trust.

Don’t listen to any advice here accept CALL ANDREW CURTIS and get a new trust made that is Florida legal. A lawyer will usually try to talk you out of a trust because once they make make one for you, you may not need them again. A will is so complicated compared to a trust and makes probate a serious time consumer especially where money is concerned. Dealt with two deaths in last five years. Probate on the will of one was a lawyer and court drawn out affair. The other had a will and trust (in NH) and that the probate was easy because all the dealings and distribution was through the trust. Get to Andrew! The trusts are not expensive.

Just put it in a trust with specifications. Any legit lawyer can set it up for you. Very simple

Be aware that a will does not have to be filed. If the participants agree that there is no need to file, they just don't file it.

Jayerose
 

Be careful .... be sure to avoid saddling your daughter with the expenses of maintaining or improving the house at the will of your second husband ... and be sure to include her in the discussion.

Also ... getting a Florida attorney will give you the chance to have further discussions on any unknown or unanticipated issues.

Put the house in a trust. Go see Eric Millhorn or Jennifer Henson 753-9333

A will can be contested or simply not followed ......go with a trust

Yes, a friend of mine had this happen to her. Her mom passed relatively young 55-60 and the problem was her step dad didn’t have the money or chose not to keep the home repairs up. Since he lived in the house for a long time it was a problem. I don’t know if you can set up a fund to see that the house is properly maintained or a clause in the trust?

Get an Attorney.. The best trusts, wills, and Estates have been contested ... The worst comes out when people pass! The nicest person gets ugly when it comes to money

You don't trust your husband to leave it to your daughter if you pass first? If you do, put it in his will also.

Nope, she's left handed.
:ohdear::ohdear:

Google enhanced life estate deed.

A lot of the advice here appears to be on point, however, I’m not an attorney and for something like this, you should only consult an attorney.

When I was a kid my mother had the same issue. Several years before she passed she put the house in my and my brothers names, but with life tenancy for my stepfather. He was a good guy and this caused no problems within our family as everything was done up front and in the open. There were no surprises.

I think I saw this on Dateline.

:a040:

DO NOT do a life estate deed. That means that if your husband wants to move out he still owns the house. It would NOT go to your daughter till after he dies. If he would become sick and moved into a nursing home the house could not go to your daughter to sell. Who would pay all the bills till he died. Bad advice......those were not your wishes as stated by you.

I don't know what's true in Florida because it is not a community property state, where assets acquired jointly during the marriage (Texas, for example) are owned by both parties. Each state can set up its own rules. In Texas, one party may be gifted property as his or her "separate" property.