“Quick Claim” Deeds and Florida Probate Myths
By Jurek Durczak from Lublin, Poland (A very small house) [CC-BY-2.0], via Wikimedia Commons Welcome! This article is about quit claim deeds AND probate law. If this isn’t exactly what you were looking for, then choose one: I want to learn more about probate law (Someone has died) Keep reading to learn about Quit Claim […]
“Quick” Q&A – What happens if I can’t find the Will?
Marie from Rochester, NY recently reached out with a frustrating and surprisingly common situation: “My dad, who ironically was an attorney, passed away—and we can’t find his Will. We have no reason to believe he didn’t prepare one, especially since he was a lawyer. I’m his biological daughter, and I have a sister and an […]
Can’t find the Will? A few tips!
Every once in a while, we get a call from a prospective Florida probate client who spends about 20 minutes explaining who inherits under the decedent’s Last Will and Testament, only to finish by saying “but I only have a copy of the Will.” That IS a problem. Under Florida Statutes, the custodian of the […]
How to Choose a Florida Probate Attorney
Click the play button to hear further commentary from Long H. Duong, Esq. about the criteria you should consider when selecting a Florida Probate Attorney. What to Consider When Choosing a Florida Probate Attorney Here are some (hopefully helpful) guidelines that might help you make your selection: Do not “lawyer shop” by price alone – […]
“Quick” Q&A – “Can I change title to real estate without Florida probate?”
Janice from New Mexico reached out with a common question involving out-of-state probate and Florida real estate: “My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there. Can I just file the death certificate and deed it to […]
Tax Overbids and Excess Proceeds
We handle many Florida probate cases for claiming tax overbid or excess proceeds. But what are they exactly? Overbids or excess proceeds usually refer to the excess “profit” on real estate that has been sold at a tax auction. The usual case is where a property owner has failed to pay the property taxes to […]
What’s the deal with Medicaid claims?
Of the many initial questions I ask a prospective client is whether or not they anticipate a Medicaid claim against the estate. Here’s a brief primer on “Florida Medicaid Estate Recovery“: Florida Medicaid Estate Recovery Program The Medicaid Estate Recovery Program is a federal-state program designed to recover some or all Medicaid-funded medical costs from […]
How NOT to expedite probate in Florida.
DADE CITY — Sheila Morgan led a hard, but straight, life before she landed in jail in March. That’s when authorities say she stole a court seal and forged a judge’s signature to speed up the paperwork on a $15,000 inheritance. She had never been arrested in Florida before. Details of her curious crime came […]
“Quick” Q&A – “What is the creditor period and why do we need to publish a Notice to Creditors?”
(Updated: 12/11/2014) Doris from New York wanted to know generally how long probate takes and specifically had a question about the creditor period which is required in certain Florida probate administrations: “Quick” Question “What is the creditor period and why do we need to publish a Notice to Creditors?”
“Quick” Q&A – “Mom died without a Will, but she really wanted me to have the house…”
Welcome to our series of classic “Quick” Questions we hear every day from clients just like you. (By “we,” we mean our principal attorney, Long H. Duong.) These short Q&As are designed to help you understand what really happens in common estate planning and probate situations—especially when emotions run high and family members don’t agree. […]
