“Quick” Q&A – “Mom died without a Will, but she really wanted me to have the house…”

Written on May 16, 2007 by L. Duong in "Quick" Q&A, Probate
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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?”

“Quick” Answer

Not much you can do! This is precisely the reason why everyone should have a Last Will and Testament! Florida intestacy statutes are going to grant that house to all of you in equal shares, giving you a tenancy in common interest with your siblings.

Get it probated, and then work out a deal with your siblings as to what to do with it. You could buy them out or have them buy you out. Fight about it and I guarantee it will cost you.

Related posts:

  1. “Quick” Q&A – “What is the creditor period and why do we need to publish a Notice to Creditors?”
  2. PRESS RELEASE: “Quick” Q&A Feature added to Florida Probate Blog, WeProbateFlorida.com/blog
  3. Avoiding the Florida probate process . . . is it really that bad?
  4. Uncontested Florida Probate – Your best bet!

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About

My name is Long H. Duong (last name pronounced "Young") and I handle probate matters throughout Gainesville, Alachua County and all of North Central Florida including:

  • Probate of Wills
  • Probate of Estates without Wills
  • Summary Administration, and
  • Formal Administration

I take extreme pride in our client-focused, streamlined approach to case management and client communication.

If you have a probate administration case and would like to meet for a complimentary consultation, please fill out the contact form and we will call you to schedule one as soon as possible.