Is girlfriend entitled to a portion of dad's estate?
Is father's girlfriend entitled to a portion of his estate when he passes away? In Florida, there is no common law marriage.
Channing: Hi, I had a question about my father's will. Me and my siblings were wondering if-- He and my mother just separated and we are wondering in his will-- He just has a new girlfriend and she's a little crazy. We are wondering if he even mentioned her in the will, a small percentage, and he passes away, could she to take us to court and fight us for more of the percentage of his will?
Attorney Tom Olsen: Channing, are your parents going to get divorced, or do you know?
Channing: They are already separated.
Attorney Tom Olsen: Okay, so their assets have been divided. Your dad now has assets in his name only.
Attorney Tom Olsen: Channing, he can have a will. Here in the state of Florida he is not obligated to leave anything to his adult children. If he wants to include his girlfriend, he certainly can. If he wants to include her for just a portion of his estate or if he wants to leave his entire estate to them, he can. That may not be the answer you're looking for.
Channing: My question is if he mentioned me and my siblings in the will as well as his girlfriend, could she take us to court and try to get more of what he left in the will?
Attorney Tom Olsen: Here in the state of Florida she would have no rights to his estate beyond what he leaves her in his will. They're not married, so he has no obligation to leave her anything. If he leaves her 5% or 10% or 1%, she's going to have to take what she gets because she's not getting anymore.
Channing: Okay, that's awesome. Thank you so much.
Attorney Tom Olsen: Okay Channing, you're very welcome. What you may be talking about Channing is is that once you get married, you are obligated to leave your spouse at least 30% of your estate, unless you have a prenuptial agreement Channing. When you got your dad in a good mood someday and you're having a nice quiet conversation with him say, "Dad, you know what? I love your girlfriend but Tom Olsen's on the radio and he says if you guys are going to get married you really should get a prenuptial agreement."