Legal Question in Wills and Trusts in Florida

an unconsummated marriage

I am female and my male friend of 20 yrs. we are both terminally ill. he has asked me to marry him to take care of his medical care and bills, will have seperate bedrooms. In exchange he tells me i will get part of his estate (mostly inherited from his parents) to help pay for my care when the time comes. his brother is a high power executive and his childern are easily influenced by him. how can i protect myself?


Asked on 8/01/07, 12:11 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: an unconsummated marriage

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no need to protect yourself. If your friend wants to marry you, he has that right. It does not matter whether or not the marriage is consummated or not. That is a personal choice of the parties. Each of you should prepare a will setting forth what you want to happen with your assets in the event of your death. Have it prepared by an attorney and self proved. If done properly, it should survive any possible challange.

Scott R. Jay, Esq.

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Answered on 8/11/07, 2:16 pm


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