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Questions Answered by Mr. Long H. Duong
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... 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... 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.... Read more »

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...
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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...
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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.

1 Answer | Asked in Probate for Florida on
Q: Can you request an ex parte hearing on real estate in probate prior to having a buyer?
Mr. Long H. Duong
Mr. Long H. Duong answered on Jul 20, 2017

Your question needs more context. Are you challenging the sale? Are you just seeking authority to sell? Is there a will that gives the PR authority to sell? Was it homestead property?

Typically, when an offer is received on NON-homestead real estate in probate - and there is NO Will or no...
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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Can I buy a home for my mentally challenged sibling?

My dad is wanting to purchase a home. The problem is his only income is social security in the amount of $735 a month. He previously spoke to a real estate agent and was told he should look for a co-buyer preferably someone who would live in the home. My sister who would live with him also receives... Read more »

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

There is a question as to whether or not the POA for your sister is valid if she is mentally challenged. You'll want to contact a guardianship attorney to make that determination first. If the POA is valid, then you theoretically could purchase a home on her behalf. The terms of the POA will... Read more »

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: My uncle died and left his home to my grandmother. She passed away and made me her heir. The home has not been re titled

And still remain in my uncle's name. I have made all the mortgage payments. How do I get the title in my name???

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

It's not clear but it appears your grandmother passed away after your uncle. If that's the case, both your uncle's estate and your grandmother's estate must be probated.

You'll want to contact an Florida probate attorney to handle this for you.

2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: Can you request a different judge for an ex parte hearing for a real estate sale?

How long does it normally take to get an ex part hearing once filed?

Mr. Long H. Duong
Mr. Long H. Duong answered on Jun 28, 2017

Typically, you can't change judicial assignments for your case without good cause.

You'll need to contact the judge's assistant to setup a hearing.

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2 Answers | Asked in Probate for Florida on
Q: My son inherited a boat from his grandfather that passed in March this year. His wife who is executor advised my son

That He would need to get a loan in order to pay off the current loan on the boat (approx $12k). My son is 24 but did as she requested and when he and the loan officer called to get details on the lien holder she wouldn't supply the info saying she didn't want this to go thru probate or... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Jun 15, 2017

In many cases, the DMV (Florida Highway Safety and Motor Vehicles) will authorize transfer of cars and boats if it's clear who is the intended heir or beneficiary.

Grandmother could visit DMV with relevant paperwork (will, death certificate) and ask for direct transfer without probate...
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3 Answers | Asked in Probate for Florida on
Q: My uncle died on April 1st, 2014 and we could not find a will. His estate has been in probate ever since.

My sister and I are his only living relatives and no one else has come forward. Recently, our lawyer sold Uncle Joe's apartment for us and sent my sister and I the money. My question is, if we were able to get the money from his apartment, why can't we get the money in his investment... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on May 31, 2017

3 years is an awful long time for an estate to remain in probate. Not knowing the finer details, it's really difficult to determine why the case has been open for so long.

Were there creditor issues?

I think you ought to ask your lawyer directly what hurdles the estate must...
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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: hello my name is myra and my dad pasted away. Leaving a will naming all children and a house

how and can I put it that in order for our kids to do anything with the house all 3 siblings would have to pass away. and can i put money from the house into escrow. for maintenance.

Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 28, 2017

Unfortunately, the court's role is simply to pass title of the property into the names of all of the heirs. No single heir has the power to set the conditions that you're proposing.

1 Answer | Asked in Probate for Florida on
Q: My brother is the executor of my father's estate and he'd like to sell the house

but I'm living in it and I don't want him to - is there anything I can to to stop him from kicking me out?

Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 28, 2017

He can't necessarily kick you out without first probating the estate and then perhaps bringing a partition action but the answer is generally yes - it is unlikely that you can remain living in the house indefinitely.

1 Answer | Asked in Family Law and Probate for Florida on
Q: Do I have to get a lawyer in FL to change the death certificate. Thank you for your help.

My husband and I were separated and I found out he died on Sept. 30 of this year. He lived in Florida and I live in NYC . I went to vital records to request death certificates with a cause, as I needed them to provide to my employer (I work for Fed. Govt.) When I received the certificates a letter... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 28, 2017

You will want to bring a Petition to Amend Death Certificate in the probate courts. I've not done this without first opening the estate so I can't be sure it will be permitted but if you can afford to do so, it can't hurt to try. If you have to open the estate first, you'll likely need an attorney.

1 Answer | Asked in Family Law and Probate for Florida on
Q: i was my uncle's PR,, I have paid in attorney fees, more than his estate is worth. How can I end this mess?

Everything was left to my aunt but after her death in 2014, his lawyer told me I was required to file his will for probate. I am not a beneficiary and after 2 years, i have paid over $50,000 in attorneys fees and am out of funds. I want to fire the second attorney I hired because nothing has been... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 28, 2017

No other attorney can really comment on the fees you've been charged because we aren't privy to the representation agreement you signed nor the amount of work that was involved.

That said, if there are no further tasks that remain, you could try to set a hearing date with the...
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1 Answer | Asked in Probate for Florida on
Q: My brother died.i was called and now the police won't give me his keys to his home. I'm only sibling left. any rights

They have his keys. Won't give them to me.

Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 28, 2017

I'm aware this is an old question but I'll try to answer it in case anyone else has the problem.

I'll have to make a few assumptions.

Simply being next of kin does not entitle you to the keys to his home unless you were either a co-owner or you were a co-tenant on a...
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1 Answer | Asked in Probate for Florida on
Q: Probate in the state of Florida We filed on 5/13/2016What happens after a year
Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 28, 2017

You'll have to be more specific. Probate cases are supposed to be closed within 12 months but there are plenty of exceptions that permit a case to remain open beyond that period.

1 Answer | Asked in Adoption and Probate for Florida on
Q: Adopted children

My brother gave up his daughter and allowed his ex wife's husband to adopt her. He passed away in November 2016. We are trying to settle his estate. I received a letter from the military pension and retirement that they need the address of this child. Is she entitled to his estate if she was... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 28, 2017

Adoption alone does not necessarily eliminate inheritance rights. That said, if his parental rights were properly terminated when he gave the daughter up for adoption, then the daughter may have no inheritance rights.

Here are the exceptions for children who were adopted and whose natural...
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5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who do I call to get property in my deceased grandfather's name put into my grandmother's name, his wife?

My grandfather passed away this morning and my house, that he bought for me, is still in his name. But my grandmother, his wife, is still alive and well. Me and my grandmother was wondering who we contact to get the house put in her name or mine.

Mr. Long H. Duong
Mr. Long H. Duong answered on Apr 28, 2017

You'll likely need to contact a Florida probate attorney assuming the property is in Florida.

The court will only directly distribute the property in your name if there is a Will that directs that distribution. Otherwise, your grandmother will need to consent to distributing the...
Read more »

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