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Long H. Duong

Long Duong’s Answers

17 total


  • Probate question about child support final judgement.

    My mom recently passed. She has a final judgement against my father for back child support. She had additional children from another man. All the heirs are adults. Do all the siblings have rights to the child support judgment in probate even thoug...

    Long’s Answer

    I agree with all of the answers but I think there needs to be some clarification here.

    The back child support would be payable to your mother's estate and would become part of her general estate assets and thereby payable to ALL of the heirs of your mother's estate in equal parts or pursuant to her Will if she had one.

    I'm unaware of a way to "earmark" it for the children who were the reason for the support owed (your father's children). Would love to hear contrary (Florida) opinions on this if that's the case.

    You'll need an attorney either way.

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  • Do i need to go through probate court?

    My grandfather passed 2 years ago and my aunt was going to go to probate court to help me get the car which he has paid off and i have been waiting 2 years and have not heard from her is there a way to get around probate court because i don't wan...

    Long’s Answer

    I've found that the DMV/Tax Collector will often issue a new title if the inheritance is clear (bypassing the necessity of a court order altogether. If your grandfather's children (aunt and any other children) can convince the DMV to issue a title directly to them, then they could turn around and sign it over to you.

    It's worth a shot.

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  • Can I submit a will for probate myself, without hiring counsel?

    My father passed away - with a will - about a month ago. I am his sole heir and was named as executor in the will. The only asset he had that was not already set up jointly was his checking account. Once the bank realized he was deceased, his a...

    Long’s Answer

    Mr. Pippen's answer brings up the biggest possible issue. Even if attorney's fees and probate costs make sense, are there creditors that might take whatever is left?
    You need to consider the complete picture and a consultation with a probate attorney is going to really help you assess the situation. Best of luck.

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  • I have a former tenant who owed me eight thousand dollors he passed away 6 months ago

    I believe he set something up in Florida some sort of trust for his grandaughter How do I go about getting what is owed me I do have documents of my attempting to serve him I live in Massachusetts but he moved to Florida and that was where he set ...

    Long’s Answer

    I agree with filing the caveat or a claim against the estate IF IT IS OPENED.
    Note: A creditor may also open the probate administration and then file a claim. This would require hiring an attorney and might not be cost effective, but it is a viable option. Typically after 2 years from date of death, all unsecured claims are discharged.

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  • As a beneficiary,

    Do I have any rights when an Estate attorney is not accounting for all the assets in the Estate? I sent a certified letter outlining all the assets I know are a part of the Estate and he wrote back and said he was not aware of the assets and will...

    Long’s Answer

    I think you might need to elaborate - what other kinds of assets are you talking about? In many probate matters, untitled personal property assets are often not listed in the inventory because it's too cumbersome to nail down every last tangible possession with the court. Mom's antique hairbrush may have sentimental value, but it would typically fall under some blanket distribution of assets or the PR would come up with an agreed upon method of liquidating those assets or handing them over to the other heirs.

    If on the other hand you're referring to titled assets or real estate (FLORIDA real estate), and those assets were not otherwise disposed of by operation of law, then yes, they probably need to be acknowledged in the probate inventory or petition.

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  • What documentation needs to be filed with court to determine homestead status of real property when in trust/warranty deed?

    If someone has a trust/warranty deed which is supposed to protect a person's assest from probate why then would an attorney want you to file a petition to determine homestead status of real property (testate) with the court's probate division woul...

    Long’s Answer

    I'll add to what Mr. Deason said:

    1. The Petition to Determine Homestead Status is a cue to the probate court to "determine" (declare) the property as a protected homestead property - protected from creditors. The homestead declaration that is made through the property appraiser's office only serves for the purposes of securing a homestead tax exemption.

    2. It's unclear how the property is deeded - if it's deeded to a trust, then you shouldn't need to file a petition to determine homestead. If it is simply in the name of the decedent, you'll need to open probate to file the petition.

    Once the judge determines the property to be a protected homestead, it's no longer a concern of the probate court and is protected from unsecured creditors.

    Hope that helps. A link to one of my articles is attached.

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  • Does an attorney have to probate a will in florida?

    I am an only child, my mom was a resident of florida who passed away on 6/30/11 and had a will. the home in florida was joint tenancy of my Mom and myself. the home in NJ is only in my Mom's name, my dad predeceased her in 2006. I live in NJ. ...

    Long’s Answer

    Actually you don't need an attorney if the remaining Florida assets will pass using the "Disposition of Personal Property without Administration".

    I don't know if you NEED a probate attorney in NJ. Call the clerks office up there and find out.

    As for jointly held real estate in Florida, if there is a provision in the deed that says "with joint rights of survivorship" you should only have to record a death certificate.

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  • Mom died: has 1 child, heir. She had 1 ins. check from her work w/ no benef. listed. Our bank said we need exc of est. account.

    We tried the courthouse to do this ourselves, but they said it would be easier to get a probate lawyer as the ck in question is only 21k. Any suggestions of costs for this, or an honest lawyer to help w/ this? Thank You.

    Long’s Answer

    Mr. Carr makes an excellent point. All probate attorneys should be weighing the outstanding creditors against the non-exempt assets in the estate.

    Opening the case prematurely is like opening Pandora's box. Be sure that your case is thoroughly analyzed before jumping off to have it filed.

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  • My mom lives in MD and i live in FL... how can she sign over guardianship of my little sister to me?

    First off i am 24 ... I live in FL and my mother lives in MD. My mother is willing ot let my sister come reside with me until she gets back on her feet and out of this terrifying marraige she is in. I NEED to get my 8 year old sister out of this l...

    Long’s Answer

    You didn't mention what county she was in, but here's some good information for Montgomery County. (see link)

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  • My mom lives in MD and i live in FL... how can she sign over guardianship of my little sister to me?

    First off i am 24 ... I live in FL and my mother lives in MD. My mother is willing ot let my sister come reside with me until she gets back on her feet and out of this terrifying marraige she is in. I NEED to get my 8 year old sister out of this l...

    Long’s Answer

    I don't do much guardianship work but it seems as though no one else is diving in and I didn't want to leave you hanging.

    You should probably post this question in the Maryland/Guardianship section. Alternatively, contact a Maryland guardianship attorney.

    If you can't afford one, you should contact the clerk of courts in the county where your mother/sister live and find out if they have a "pro se" or "self-help" process to petition for guardianship over a minor.

    Sounds you like you would have a good shot at being named guardian. States almost always prefer when family members can help (rather than making the child a ward of the State.)

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