I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate.
ANSWER BY MARGARET CROSS-BELIVEAU:
Yes, you can give her the right to live in the house in your will. That is common. However, you also have to consider the question of who will be responsible for the upkeep of the house during that year. Once you are married, she will have spousal rights so she could elect against the will to have a life estate in the real estate.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.