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Questions Answered by Mr. Long H. Duong
2 Answers | Asked in Probate for Florida on
Q: Can my dead sister's husband claim my sister's inheritance?

My mother owned a piece of real property when she passed away. There was no Will. There were two lineal descendants which are my sister and I. My sister and her husband moved into the house. We never made a claim of the inheritance with the courts. My sister passed away with no lineal descendants.... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Oct 14, 2019

Based solely upon the facts you've presented and assuming the property is still legally titled only in your mother's name, you have at least a 50% interest. The other 50% may eventually go to your sister's husband through a probate administration of her/your sister's estate. You should definitely... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Hello, My mother died & she had a home in the state of FL. My father has not claimed the house & it’s in pre-foreclose.

They were married and I have siblings, they all live in PR. They haven’t done anything in PR or here. My father has 8 kids outside of marriage. House owes around 20k. No one has paid for the house since my mother died. I was paying for it prior to that until the day of her death because my father... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Jun 27, 2019

Assuming your mother and father were married until she passed, he has standing to bring a probate administration in Florida. That said, you could, as a potentially interested party do the same provided he doesn't object. He would be the beneficiary if your mother had no other children outside of... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My stepfather left me his home in his will, was told I will have to sell to pay off debt but I want to keep to live in.

We live in Florida. I have lived and been a caregiver for my stepfather since my moms passing 15 years ago, he raised me but never adopted. He and my mom have a child together, my sibling and I are close and we are both executors. In the will he left me the home so I could continue to live here, he... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on May 29, 2019

Does the Will say the homestead MUST be sold? If not, then there is no mandate to sell the property to pay off other debts. It's unclear if the advice you've received is from an attorney - either way, I'd seek another qualified opinion.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I was informed a few weeks ago that I am to get my deceased mother's pension/retirement. All I have is the death cert.

As far as I know we never had a probate court case. My mother had nothing when she died. I was her only child and I took care of her all of my adult life and had poa for many years. They have me listed as the beneficiary, but want this executor info. How do I obtain this money? They said I may have... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on May 18, 2019

If she was a Connecticut resident, you are going to have to seek advice in Connecticut. Probate in Florida only occurs for estates where the deceased resided in Florida at time of death or where the deceased owned property in Florida. Hope that helps.

1 Answer | Asked in Probate for Florida on
Q: Exhusband passed away. No will. Asked his 2 young children and me (exwife, current family). To live in it

House was to go to boys when they turn 21 and 4 years later the sister has cut us out of the entire process. The house is almost unlivable and I asked for her to give me the title so I can get a loan to fix the house so when it is given to 2 young boys they can live in it, she won’t. They are... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Nov 24, 2018

Are the kids minors? If so, she can’t throw them out assuming their father is the current title holder. Contact an attorney directly.

1 Answer | Asked in Probate for Florida on
Q: mom passed away . 2 brothers living in her house. House is in my name, electric still in moms. Can I have it turned off

Still in probate but mom left everything to me. Im selling the property next year. The electric is still in moms name so Can I have it turned off since I dont live there. Brothers were told to transfer into their name but have not. I have been paying for the electric. Brothers live there free.

Mr. Long H. Duong
Mr. Long H. Duong answered on Nov 20, 2018

You should consult with your probate attorney if you're already in probate.

That said: Consider contacting the utility company and explaining that your mother passed. They will provide you with options for transferring or scheduling shutdown of service.

If possible, notify your...
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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I purchased a house in FL, but I noticed that they did not put my wife's as co-owner and her name is not on the deed.

Will to this property go though probate court if I pass away?

Mr. Long H. Duong
Mr. Long H. Duong answered on Oct 22, 2018

It will, at the very least, require a determination by a probate judge that it was your residential homestead in order to pass on to your spouse.

You could correct this relatively easily by executing a warranty deed to add your spouse. Contact a lawyer to have one prepared so it's done...
Read more »

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Question about a property after one of the spouses has died.

In Florida, there is a man and women were married but she never took his name. The purchased an income property and 10 years later he passed away. She would now like to sell the property but the title company says she can't because there was no designation such as married or tenancies of the... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Sep 1, 2018

Based strictly on the facts you’ve provided, probate will probably be necessary because of the lack of marital designation on the deed.

The Will should control but it must be admitted to probate before it becomes effective. I strongly recommend you contact a probate attorney.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: When a married couple owns a home with it in husbands name. Does it automatically go to wife if there is no will?

My father passed in florida and before my mother transferred the deed she too passed away suddenly. We are not sure if her name is on the deed or not. If not, would it automatically be hers, then their children together? Or still the husbands and his children? (If their are others outside of the... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Aug 19, 2018

If the deed is only in your father’s name, you’ll have to probate your father’s estate and your mother’s estate in order to pass it on to your mother’s children. This is assuming of course that there is no will just you being the assets to persons other than descendants. I strongly... Read more »

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1 Answer | Asked in Probate for Florida on
Q: If a person passes away with credit card debt, does the person's spouse still have to pay them off if there's no will?
Mr. Long H. Duong
Mr. Long H. Duong answered on Jul 13, 2018

The spouse is not personally liable but the debt may have to be satisfied from the deceased assets if probate is necessary before the spouse inherits. The existence of a Will has no bearing on whether or not the debt gets paid in an open probate case.

Please consult with a lawyer for a...
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1 Answer | Asked in Probate for Florida on
Q: Can a "self-proving" will be notarized (by a notary) in a different state?

In Florida, for a will to be "self-proving" the testator & 2 witnesses must sign an affidavit at a notary. The witnesses could live in a different state (vs. the testator).

Mr. Long H. Duong
Mr. Long H. Duong answered on May 7, 2018

I’m afraid your question(s) aren’t clear. Are you asking if the notary can be licensed in another state?

Generally speaking the affidavit needs to be executed with the testator, witnesses and notary all in the same location and immediately after the Will itself is signed.

For...
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2 Answers | Asked in Probate for Florida on
Q: My brother died intestate in Miami, FL in November 2016. We need advice re ongoing probate.

Brother left considerable debt (about $20,000). Bo's only assets are a 25% ownership in a home in Ocala (the house was inherited from our mother; my two other brothers and I own the other 75%), and an automobile. Probate attorney filed the probate petitions in January 2017. After 16 months and... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 23, 2018

Probate in Miami Dade county CAN take a very long time - considerably longer than any other county. That said, I'd ask if they creditors claims can be paid from the proceeds of your mother's Ocala property. Since you are the appointed PR, Miami Dade will likely require you to seek authorization to... Read more »

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2 Answers | Asked in Probate for Florida on
Q: How can I find out if my son's Probate has been finalized? He passed last year without a will. I am his Mother.

I do have the Probate number as I saw it in the Legal Section of the SC paper.

Mr. Long H. Duong
Mr. Long H. Duong answered on Mar 7, 2018

Ask the personal representative (executor) of the estate directly. Otherwise, I recommend calling the clerk's office in the county where the probate is open. They can give you an idea of the status of the probate.

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3 Answers | Asked in Probate for Florida on
Q: If seeking a lawyer for probate must they be from the same state in which the will was written?

Will was written in New York & I am living in Florida and seeking council, here.

Mr. Long H. Duong
Mr. Long H. Duong answered on Jan 17, 2018

No but it may take a few extra steps to have the Will admitted by a Florida Probate court. Most wills have the same basic provisions but the formalities of executing and signing the Will vary from state to state. Generally speaking, a Will from outside the State of Florida can be admitted in... Read more »

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3 Answers | Asked in Probate for Florida on
Q: My sister passed earlier this year. Now my mother passed away this month. We are unable to obtain a copy of my mothers

will. We were told first that the property would get divided among her (my mothers) surviving children, now were being told that we have to include my sisters children. Is this correct? I'm talking about my mother. My sister passed in April and my mother in September. We have not been able to... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Sep 19, 2017

If your sister predeceased your mother, there may be a provision in the will that directs distribution to your sister's children. It's not uncommon. Does the person telling you this have a copy of the Will they can furnish to you?

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Do I need an estate planning or probate attorney?

My estranged husband died seven years ago and I just found out. He inherited his father's house along with his brother before we were married. I do not necessarily want any part of his inheritance but want to know if I am required to do anything, since I have no clue as to what my husband's... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Sep 17, 2017

For what it's worth: Probate attorney = Estate attorney.

And you have no legal obligation to do anything.

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: I have a friend who has a home in Florida. The warranty deed reads 5% her name and 95% other party's name.

They are tenancy in common. The 95% owner now wants the money she invested and asking the 5% owner to sign a phony rental agreement and asking to sell property to her husband. Obviously, taking the 5% ownership away and now becoming a renter. the 5% owner is trying to qualify for her own loan;... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Jul 20, 2017

The 95% owner cannot force the 5% owner to sign a rental agreement. Furthermore, signing such an agreement does not remove the 5% from the 5% owner. I'm not a mortgage expert so I can't comment on how the 5% owner is going to take out a loan with such a small stake in the property.

Also,...
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1 Answer | Asked in Probate for Florida on
Q: husband left the sole beneficiary on moms will. trouble paying attorney for probate does it matter how long we wait

My husbands mother left everything to him and sole beneficiary we are having trouble coming up with money to pay for attorney/ probate process to get her mortgage free home which we are living in for the past 10 years in his name does it matter how long we wait after her passing

Mr. Long H. Duong
Mr. Long H. Duong answered on Jul 20, 2017

How long ago did she pass away? If it's been more than 2 years, the cost of probate shouldn't be too bad. I realize that this is a relative statement. Try to find an attorney that offers payment plan options.

That said, there is no statute of limitations on when probate must begin but...
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1 Answer | Asked in Probate for Florida on
Q: Florida couple marry, 2nd marriage for both with adult children from prior marriage.

they purchase residence in Florida (Orange County) in wife's name only. Wife dies, no will, no probate, husband dies, no will, no probate. Who owns the property?

Mr. Long H. Duong
Mr. Long H. Duong answered on Jul 20, 2017

Assuming no pre-marital agreement to the contrary, husband is at least entitled to a life estate in the property (right to "possess" the property until he dies). After husband passes, property goes to children of wife.

Within 6 months of date of death of spouse, husband has a limited time...
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1 Answer | Asked in Gov & Administrative Law, Estate Planning and Probate for Florida on
Q: 1 am the petitioner in a compulsory accounting hearing. I live 1500 miles away do I have to appear in court?
Mr. Long H. Duong
Mr. Long H. Duong answered on Jul 20, 2017

Talk to your attorney about this - if you were specifically asked to be there, you can likely appear by phone.

That said, your attorney might be able to appear on your behalf unless the judge needs to talk to you directly.

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