Estate Planning - Girlfriend

My girlfriend and I have been together for 10 years. Common law marriage is not recognized in the state in which we live but I consider her my wife.

I would like to begin the estate planning process but have several concerns. I have children from a previous relationship as does she. I would like her to be able to live in my home assuming that I pass before she does.

The issue is that I don't want the property to pass to her children upon her death but be divided amoung my children.

Can this be done and is there a specific name for what I need?

Yes, this can be done. In your Will, you give your g/f a "Life Estate" to the home, with all responsibilities of a true owner. She never, however, obtains ownership; only a "right" to live there until she dies. When she dies, and since she doesn't own the home, the home is then the "Remainder" of your Estate, and can be given or divided to whomever you nominate to take of the Remainder.

See an Estate Planning attorney.

Thank you for your advice! Now I can know what to ask for and I will set up an appt. with an attorney right away.

You're very welcome. Just make sure that you completely spell out her responsibilities to the home ("Life Estate") in your Will; e.g., insurance, property taxes, etc. Also, spell out the normal upkeep responsibilities; e.g., painting every 10 years, carpeting replacement, etc., etc. In other words, put in a clause about "waste" to the property and premises; this, because, by the time she dies, your kids won't want a worthless "shack" instead of the home they could have inherited. Also, in the event of actionable "waste" to the property and premises, you want to write in something about how your kids could take the home and cancel the Life Estate due to such "waste."

Westside Law