We handle probate matters in all of Alachua County.
Yes, many people know Gainesville is the Alachua County seat, but this post is to help future clients find our site.
Alachua County is made up of the following cities: Alachua, Archer, Gainesville, Hawthorne, High Springs, La Crosse, Micanopy, Newberry (Jonesville) and Waldo.
Click here to schedule your FREE Alachua County Probate consultation (by phone or in office!)
On our sister site, WeProbateFlorida.com, I discuss how to choose a Florida Probate attorney (and no, we’re not just tootin our own horn).
The highlights include the concept of lawyer shopping (by price alone), efficient communication with the attorney and the fact that you are NOT required to use the attorney who prepared the Will!
Check out the story here.
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 the Estates of certain Medicaid beneficiaries, including nursing home residents whose costs of care were covered by Medicaid.
Are all recipients subject to Estate Recovery? Read the rest of this entry »
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 to light today in court, when Morgan, 48, pleaded guilty to several charges and was sentenced to four years’ probation.
Her apparent motive: drugs.
(source: Florida Bar Consumer Information)
WHAT IS A WILL?
A will is a written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will. In Florida;
1. You, the maker of the will (called the testator), must be at least 18 years old.
2. You must be of sound mind at the time you sign your will.
3. Your will must be written.
4. Your will must be witnessed in the special manner provided by law for wills.
5. It is necessary to follow exactly the formalities required for the execution of a will.
6. To be effective, your will must be proved in and allowed by the probate court.
No will becomes final until the death of the testator, and it may be changed or added to by the testator by drawing a new will or by a “codicil,” which is simply an addition or amendment executed with the same formalities of a will. A will’s terms cannot be changed by writing something in or crossing something out after the will is executed. In fact, writing on the will after its execution may invalidate part of the will or all of it.
WHAT CAN BE ACCOMPLISHED BY A WILL?
Decedent only left Florida homstead? Summary Admnistration is available!
17 Jun
Posted by L. Duong as Probate
Florida homestead is generally protected from the claims of creditors, even after death. It’s quite typical for clients to call me and tell me “all that mom left behind was some real estate.” My first question is always: “Was it her homestead? Her principal place of residence or domicle?”
If yes, then the estate is eligible for Summary Administration in the Florida probate system, even if the value of the homestead is more than $75,000.
“Quick” Q&A - “What is the creditor period and why do we need to publish a Notice to Creditors?”
21 May
Posted by L. Duong as "Quick" Q&A, Probate
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?”
The majority of the probates we handle are uncontested. I, personally spend an inordinate amount of time explaining to my clients that the more they fight over an estate, the more I make or the more some other attorney makes.
Interestingly enough, I’m not interested in taking on more work than I need to, just so that my client can fight and posture, while standing meekly behind me. We are all about efficiency and I don’t doddle around with clients who want me to drag out a matter just to prove a point.
“Quick” Q&A - “Mom died without a Will, but she really wanted me to have the house…”
16 May
Posted by L. Duong as "Quick" Q&A, Probate
So begins our series of classic “Quick” Questions which we field on a daily basis (”we” means our principal attorney, Long H. Duong in most cases):
Enjoy!
“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?”
[By DAVE LIEBER Star-Telegram staff writer-See source link at the end]
When David and Katie Swanson saw a “For Sale” sign outside the Fort Worth duplex they expected to inherit, they knew they had a problem. They called the phone number on the sign and talked to a man who said he was the new owner. Read the rest of this entry »