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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Apologies Scotty. I did not realize there was a chat below

Customer Question

Apologies Scotty. I did not realize there was a chat below the response. I rated your response. I do have 1 or 2 more questions.I came across the bullet points you provided online verbatim. I was informed by the County Clerks office in Osceola that my father's second wife receives everything. This is why I was confused. Are you an estate lawyer in Florida, as well as, Texas?If not, is their some one at Just Answer you can recommend.Thank you
Submitted: 6 months ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 6 months ago.
We're not allowed to represent clients, and we can't give specific recommendations. It's possible that the clerk didn't understand the family relationships, or just that the clerk didn't understand the law. I did cite for you the law, and the clerk clearly can't supersede that. As far as getting an attorney, go to or to find a probate attorney in the area where this issue is coming up. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in the area, and what you should do next.
Customer: replied 6 months ago.
Thank you for the clarification.
Customer: replied 6 months ago.
My father lived in NYC, but the land is in Kissimmee. Fl. Do I go through surrogates court / probate court in NYC or FL?
Expert:  ScottyMacEsq replied 6 months ago.
An ancillary probate proceeding would have to be filed in Florida. This is in addition to a probate proceeding in New York. The only reason for this is that it's real property. If it was personal property, even if located in a different state, a new probate proceeding would not have to be filed. But as it's real property, it would be.
Customer: replied 6 months ago.
I see. So it is both.Thank you for your time. I appreciate it.
Expert:  ScottyMacEsq replied 6 months ago.
You're welcome

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