If I married my husband 3 years ago and moved into his home, can his children make me move out of the house when he dies?

UPDATED: Feb 18, 2015

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If I married my husband 3 years ago and moved into his home, can his children make me move out of the house when he dies?

He has a mortgage of 25 more years. I am 65 and always assumed if anything happen to him, I would live here until I die. Now he tells me if anything happens to him he told his daughters (16, 30, 32, 35) that they can have the house. As far as I know, he does not have a Will. I have tried to get him to get one or at least something legal saying that I stay in the house until I die if I pay the mortgage payments. I do not want to sell the house; I want his children to get the house when I die. He has no life insurance for me to collect on.

Asked on February 18, 2015 under Estate Planning, Florida


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 7 years ago | Contributor

Your husband can set up an estate plan that could involve a will, trust and/or deed that would create a life estate for you in the property but will pass to the children upon your death.  I recommend that he contact an estate planning attorney to review his current situation and create a proper estate plan to provide for you during your lifetime but insure that his children would inherit his estate after your death.  I would be happy to consult with him if he wishes. Good luck.  

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