How to give my fiancee life rights in my home?

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How to give my fiancee life rights in my home?

My home is mortgaged and deeded in my name only. I want to leave the house to my kids. My fiancee recently moved in with us. I want to make sure that, if I die, my fiancee is permitted to remain in the home until the earlier of his wanting to move out or if my the kids decide to sell the house. How do I word this in a will? I want to make sure the kids’ dad my ex doesn’t try to block him from staying in the house.

Asked on June 18, 2012 under Real Estate Law, Maryland

Answers:

Rebecca Coleman

Answered 10 years ago | Contributor

In your will, you should bequeath your fiance a "life estate" in the property leave the "remainder interest" to your children (or whoever you want to inherit it after your fiance). However, you probably also want to make sure to give your children some kind of protection so that your fiance can't kick them out. This is actually a somewhat complicated issue, so you might want to consult someone who has experience with this type of bequest.


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