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Questions Answered by Phillip William Gunthert
1 Answer | Asked in Estate Planning for Florida on
Q: Is airfare reimbursed if you travel to handle estate business, like hiring an Estate lawyer in Florida?

I travel from New York to Ft.Lauderdale to get the probate of deceased relative started.

Phillip William Gunthert
Phillip William Gunthert answered on Aug 3, 2021

Very sorry for your loss and the passing of your relative, please accept my condolences and sympathy for you and your family at this difficult time. It in most instances is not necessary to travel to Florida to hire an attorney, start a probate or really do anything related to the probate initially... Read more »

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Florida on
Q: I live in the state of New Jersey my mother lives in the state of Florida all her assets are in the state of Florida.

There is a registered trust with Broward county what do I need to do in the event of her death I do not have access to anything. I am named as executor of her estate.

Phillip William Gunthert
Phillip William Gunthert answered on Jul 30, 2021

You will need and want to get hold of a Florida Probate Attorney and they can advise and guide you on what your next step/s would be related to any property and need for probate. Remember, any assets that are in your mom's name alone and that have not been put into the Trust may end up needing... Read more »

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4 Answers | Asked in Estate Planning for Florida on
Q: I want to make changes to my will. Do I have to consult with a lawyer for the changes or what needs to be done?
Phillip William Gunthert
Phillip William Gunthert answered on Jul 29, 2021

I would indeed encourage you to contact a Florida Estate Planning Attorney in order to review your Will and related estate planning documents and advise you on how best to update your Will and any other documents that should or may need to be updated. It is often the case that the Power and Florida... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Is it possible to revoke a lady bird deed in Florida to replace it with a quitclaim deed ?

My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 28, 2021

You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who gets a house upon the demise in this situation?

My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 26, 2021

You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 25, 2021

They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »

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3 Answers | Asked in Uncategorized for Florida on
Q: I am a current business law student and Im having trouble with an assignment. Is there a way I can chat with a lawyer?

My assignment is to write a 6 page paper on what charges i can file and why against a company for holding a woman for an hour accusing her of theft and telling her if she leaves, she will go to jail. I understand that can be stressful and its a little excessive to be held for an hour, but I... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 24, 2021

I would encourage you to start with False Imprisonment and then see how you can tie this into a civil action. See below;

Elements of a False Imprisonment Claim

All states have false imprisonment laws to protect against unlawful confinement. To prove a false imprisonment claim as a...
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3 Answers | Asked in Real Estate Law for Florida on
Q: I just got an offer to buy my house for Opendoor.I am skeptical. What should I beware of?

We had a virtual walkthrough on Tuesday, and they sent an inspector to view the outside of the house yesterday, sending their offer last night via email. I'm skeptical, as I feel the offer was a good one. I have signed nothing, and accepted nothing so far. What are my caveats?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 24, 2021

Contracts are entirely negotiable on who does what or pays what and so forth, you need to have the document reviewed. Also, those contracts often have assignment clauses to third parties and other provisions you may not like or want to deal with and therefore you should read all sections of the... Read more »

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1 Answer | Asked in Probate for Florida on
Q: disposition of personal property without administration.... What is the most amount before heirs must open up a Probate?

I have heard $7,000 and also $10,000.

Phillip William Gunthert
Phillip William Gunthert answered on Jul 16, 2021

It is not the $7,000 or $10,000, it is the application of the Florida Statutes and rules related to probate. The initial Sum could be over the $10,000 until you apply all of the below and you would still qualify. You could have $20,000 of exempt property in still qualify and even have two... Read more »

3 Answers | Asked in Probate for Florida on
Q: My dad passed w/o a will. He owns 100 acres in Louisiana. Do I probate in FLORIDA or LA?

My father owned nothing in Florida except debt when he died. He had debts to at least a credit card, a mattress company, a car loan, and apparently a sizable sum to the IRS.

He had around $900 in his checking account.

Is it in anyway wise to hire an attorney in Florida, or should I... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 14, 2021

Very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this difficult time. The location/s of probate will depend, one probate will be likely be required in his state of domicile, if he lived and had his home in Florida then that would be... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Person dies with a will. Does executor or Florida probate decide Homestead property?

Will names personal rep. Rep was told property gets split among hiers, as if there was no will?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 12, 2021

In Florida, the Executor is referred to as a Personal Representative (PR) and the Florida Court's will require an attorney in most all instances to represent the PR and file probate. The PR does not determine Homestead status of real property, it is a determination made by the court based on a... Read more »

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3 Answers | Asked in Contracts, Copyright and Legal Malpractice for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!?

I need clarification, this site is called ask a lawyer, not ask google, what are you hiding or is that a part of the b.a.r (secret)?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 8, 2021

BAR- An organization of lawyers established to promote professional competence, enforce standards of ethical conduct, and encourage a spirit of public service among members of the legal profession.

The Florida Bar is the integrated bar association for the state of Florida. It is the third...
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1 Answer | Asked in Probate for Florida on
Q: My grandfather passed 2 mo/ago. I amlisted in his will. The lawyer has only had my grandfathers mail forwarded to him.

The lawyer has made no other efforts to locate any assets. Should he be doing more? I feel a little uneasy about the whole process. Especially if he does not locate the assets, what exactly am I paying him for?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 7, 2021

The Florida Probate Attorney is there to help and guide, the main job is to get you named as the Personal Representative (PR) of the estate so that you can seek out assets via the Will, mail, personal records and files in deceased person's home and so forth. While the attorney can assist and... Read more »

2 Answers | Asked in Civil Litigation, Estate Planning and Real Estate Law for Florida on
Q: My father passed in 2016. I have not talked to my stepmother since. What are state laws for inheritance?
Phillip William Gunthert
Phillip William Gunthert answered on Jul 4, 2021

You need to speak with a Florida Probate Attorney in order to provide additional details and specifics of the circumstances. It has now been 5 years, someone should have contacted you long ago if there was a probate and you were named in the Will/Trust/Deeds or on any other accounts and or assets.... Read more »

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3 Answers | Asked in Elder Law for Florida on
Q: Which deed would be better for protecting my parents house in Florida from medicaid a ladybird deed or a quitclaim deed?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 25, 2021

The enhanced life estate deed would be the better option, homestead is a protected asset in Florida and as it relates to Medicaid, with enhanced life estate deed your parents would retain their homestead interests and protections. If you did a quit claim deed, you would run afoul of Medicaid... Read more »

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3 Answers | Asked in Probate and Estate Planning for Florida on
Q: Could I access a trust as the beneficiary without permission of the guardian or releasing guardianship?

Hello, I received a trust fund as I turned 18 but, I am having issues gaining access to it. The reason is, my mother wants me to pay large guardian fee and has refused to release the funds or give me information if I do not pay it to her. The only papers that have been written up to release the... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 23, 2021

You will need to get a copy of the Trust documents and make sure they get reviewed by a Florida Estate Planning/Probate Attorney if this is in Florida. The documents should be very clear on when you can access the Trust monies and how and for what purposes, it should also address what fees are to... Read more »

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3 Answers | Asked in Probate for Florida on
Q: Prenup specifies no spousal claim to solely owned property (homestead). Will specifies who gets home. Probate needed?

I am the executor and the named recipient of the home in the will of the husband. The parties involved are married but have not resided together nor communicated since the wife moved out of state over 10 years ago. His house is specifically listed in the prenup as an asset from prior to the... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 21, 2021

You will need to review the current deed of the property to see precisely how the property is held, this will be your starting point. It is likely that some version of probate may be required and a petition to determine homestead status of real property as well. The prenuptial agreement will also... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Before my father passed away he was buying a house, he owes the it's so we put all paperwork in my name.

We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 19, 2021

Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the... Read more »

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2 Answers | Asked in Probate for Florida on
Q: my mother and i lived together over 10 years got along grate she waned me to have home passed away unexpected no will

i payed bills & rent to her most things in home are mine what do i do she was on SSI i am on SSA

Phillip William Gunthert
Phillip William Gunthert answered on Jun 19, 2021

Very sorry for your loss and the passing of your mom, please accept my condolences and sympathy at this difficult time. You are going to need to speak with a Florida Probate Attorney, based on the type of assets and their overall value will determine the type of probate that is ultimately needed... Read more »

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2 Answers | Asked in Elder Law for Florida on
Q: Is a POA the same as guardianship? Differences please. This is for a person who is competent and in a nursing home.

My sister is in a nursing home in Pensacola, FL. They advised me to seek guardianship or POA. What are the differences and limitations or each? I live in Maryland.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2021

You may find this list helpful as a reference possibly and for guidance.

Power of Attorney v. Guardianship

The POA agent (appointed person) is chosen by the principal (the one who appoints authority or giving POA) The guardian (appointed person) is chosen by the court.

Less...
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