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.
“Quick” Question:
“Mom died without a Will, but she really wanted me to have the house. My rotten siblings never took care of her, and of course now, they want a piece. What can I do?”
“Quick” Answer:
Unfortunately, not much.
This is exactly why having a Last Will and Testament is so important. Without one, Florida’s intestacy laws take over—and those laws don’t care what your mom “wanted.” They only care about the legal next of kin and how assets must be distributed under the statute.
That means, in most cases, all of the surviving children—yes, even the ones who didn’t help or were estranged—will inherit the house equally. You now share ownership with your siblings under what’s called a tenancy in common.
So what can you do now?
- Start probate – You’ll need to open a probate case in Florida so the property can be legally transferred.
- Negotiate with your siblings – You might be able to buy them out, or have them buy you out.
- Avoid fighting if possible – A drawn-out legal battle can drain both money and time. We’ve seen too many cases where family disputes turn into costly lawsuits.
The bottom line:
Even if your mom expressed her wishes verbally or wrote a note, without a valid Will, those wishes are not legally enforceable in probate court.
If you’re currently in this situation, or want to avoid this kind of conflict in your own estate planning, it’s time to speak with an experienced probate attorney.
Need help with Florida probate or estate planning?
Contact our office to schedule a consultation with Long H. Duong. We’re here to help guide you through the process—before or after a loved one passes.
