If I have been living with someone for 5 years but we are not married, what do I need to create to leave her the house if I die?
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If I have been living with someone for 5 years but we are not married, what do I need to create to leave her the house if I die?
Asked on May 28, 2015 under Estate Planning, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There are several things that you could do. First of all, you could leave the house to your friend in your Will, if you have one. However, this would require the time and expense of putting it through probate after you die. You could also leave it to them in a Trust or the like. However, the easiest method to convey the house to them upon your death would be to put them on the deed now and hold title together as "Joint Tenants with Rights of Survivorship". Then upon your death the house would automatically be 100% owned by them by operation of law; there would be no need for probate. The only caveat to this is that that you would be coneying an ownership interest to them now before you pass. If this isn't what you are comfortable in doing, then again you could use a Will or Trust to accomplish what you want. At this point, you should consult directly with a local atttorney as to all of this and see what they advise.
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