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Questions Answered by Phillip William Gunthert
4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 29, 2022

Yes, due on sale and transfer clauses, insurance issues, homestead protections, loss of ownership rights, loan issues/fraud and doc stamps owed, potential Medicaid qualification amongst others probably.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can an x girlfriend remove my name from origwarranty deed with a quit claim w/o my knowledge or permission?

I bought home from old employer,all persons involved, notary,witness and preparer,I never signed anything or was present when this occurred

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 15, 2022

While the original deed would need to be reviewed in order to see precisely what it says and how the property was held, the general answer to your question should be "NO", it normally would require both of you to sign, since you say X-girlfriend, you should pull the property records and a... Read more »

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Upon the death of my father, will my mother be sole heir of her home in PR, although he had kids outside the marriage?

The home was purchased over 20 yrs ago by both for retirement purposes.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 9, 2022

You need to speak with a PR estate planning attorney if the property is in PR as you have stated. Things to consider include, is there a Will, what does the property deed say, is there a Trust? It is possible the property will pass to your mom per PR laws, Will and or other estate planning that is... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mother is trying to file a petition for administration regarding her husband .She is having trouble finding the docs

He passed last December and she is at a loss. The amount is small so she wants to do it herself. She only gets social security

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 25, 2022

I am sorry for your loss, please accept my condolences. If you check with the clerk of the court in the county where your mom and her husband lived, either online or directly with the clerk, you usually can find the basic forms that you may be able to use to file a basic probate. It is often the... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mother died in May of 2022 and we're still working on probate the house was appraised at 390,000 a month later.

We're still going through probate and my brother is going to keep the house and pay me half of what it's worth once we're done. But he now says that the house is going down in value now that we're almost in November and that hopefully this gets done fast before it keeps losing... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2022

The date that you can or should use is the date of death (DOD) date, but you can go up to 6 months after death, beyond that is usually not an acceptable date based on the IRS rules generally. The appraisal you should set the price at is within 6 months of death, otherwise each month the property... Read more »

3 Answers | Asked in Probate for Florida on
Q: Do children have rights to an estate if the parent has surviving spouse?

She passed 4 years ago and my stepfather won't speak to us or let us in the home. We have nothing of our mothers. The home was left to her by a man she took care of for 10 years or more. Her husband was on the house by law but she had me take her to a divorce attorney before we found out she... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 19, 2022

I am very sorry for your loss and the passing of your mom, please accept my condolences for you and your family at this difficult time. Much of what you seek to get answers to depends, it depends on precisely how the property was held (husband and wife as tenants by entireties or some similar... Read more »

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3 Answers | Asked in Real Estate Law for Florida on
Q: Hello I have a situation where I had lived with my grandmother and had joint tenancy with right of survivorship

She passed and the will says it goes to her daughter who does not live here anymore does the will over right the ownership I had

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 17, 2022

The Deed is what matters in this and most all instances, this is not to say if the daughter is motivated that she could not try to fight this based on circumstances, but the law is clear, the deed matters and you take the property based on the Deed and the property does not pass according to the... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My mother recently passed away at the age of 95 in the state of Florida. I am having a problem with one of her annuities

The company is a well known company that handles pension plans and annuities. I was able to access my mother's accounts online there's well over $100,000 of equity in two accounts. I reported this information almost 4 weeks ago I was told I was going to get a packet of information. I... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 12, 2022

You will want to send them a copy of the documents that you have with a letter, since they are dragging their feet and responding far too slow, you may want to get an attorney to do this on our behalf. If for some reason this is not and cannot be sorted out via the paperwork that you currently have... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can parents will/give a house to adult child when there is still a mortgage?

Can the mortgage and all paperwork be left as is until both parents are deceased? At that point, can the mortgage be paid off and everything changed over as long as it is amended to the will to do so?

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 8, 2022

Generally, yes, while I would encourage you to speak directly with a Florida Estate Planning Attorney, the property can be left to children and the children in many instances are able to assume the mortgage, this is particularly so if it is the Homestead property of the parents. Remember, a Will... Read more »

5 Answers | Asked in Probate for Florida on
Q: Personal representative for deceased relative
Phillip William Gunthert
Phillip William Gunthert
answered on Oct 7, 2022

If you are trying to become a Personal Representative in a Florida Probate Case, you are going to need a Florida Probate Attorney, whether you need to file a Formal Probate in order to become the Personal Representative of a probate is a discussion you should have with a probate attorney, it is not... Read more »

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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: How can a judge let my deceased brother wife have everything after my uncle was trustie and now she is and not notify

Any beneficiary of the will. What is the first step I need to do because I don't agree with this and I'm the next hier in will.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 5, 2022

A spouse has substantial rights no matter what a Will or Trust may say in many instances, under Florida Law a Spouse is entitled to minimal sums via spousal share, homestead, exempt property and so forth, no matter what a Will may say, If the Will or Trust left everything to the spouse, she will... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: What is my rights if a partner does not want to pay 50% of damage to property which they are co-owner?
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 29, 2022

Take it out of their rent, share or eventual sale of the property by tracking these costs, if they are not a good partner in the property then buy them out, refinance or consider other options, but definitely track and keep records of all your costs and expenses for a later date in order to claim... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Can I evoke a quit claim. I filed it for my home to my partner and we are seperating
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 27, 2022

Likely not, you will want an attorney to review a copy of the deed, unless it was an enhanced life estate deed (ladybird deed), you are likely stuck with your partner as a co-owner of the property, unless they agree to sign a quit claim deed or other deed back to you, you may well be now a co-owner... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Can I revoke a quit claim To some property while I am still alive
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 27, 2022

You should have the deed reviewed, but the answer to your question is generally No. If you created a deed, the person you have named is now an owner with you, you will need their agreement and signature to change it.

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1 Answer | Asked in Tax Law and Probate for Florida on
Q: My brother sent me a check for over $50,000 his name was also on my mother's checking account for the last 2 years

Since his name was on it he said it doesn't have to go through probate so you wrote me a check for over $50,000. Should I cash this check or make him give me multiple checks so the banks don't tell the IRS even though it's inheritance. He wrote inheritance on the check but everything... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 19, 2022

I am sorry for your loss on the passing of your mother, please accept my condolences. Be glad that you go the check at all and that your brother did what your mom wanted (cash it or deposit it asap), legally your brother had zero obligation to give you even a penny of that money if his name was on... Read more »

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2016. Her sister and mother "tried" to record a quit claim deed that mother supposably signed.

The clerk never processed said document. I went to probate court and received my mother's home and property. I'm trying to sell the home and property but a buyers title company said that I would have to get my mother's sister off the deed. But it was never recorded or processed, it... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 17, 2022

You will want to have a Florida Real Estate or Probate Attorney look at the probate documents and or any deed/s that may exist, if a probate was done as you have mentioned, then there should be an order from the probate court/judge that specifies the property as homestead or real property as being... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 15, 2022

I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: is quit claim deed valid if only one witness signed twice?

quit claim deed has same witness print and signed on all witness lines

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 2, 2022

No, this is not a valid deed in the State of Florida, while you would need to have it looked at and reviewed, if there is only 1 witness, such a deed would be invalid. See below for reference via Florida Statute. You should pull up and take a look at the actual statute as well for reference.... Read more »

4 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I am buying a house that has a leased solar system installed on the roof. The seller wants me to assume the lease.

The AS-IS CONTRACT to purchase the house, under the “Additional Terms” section, includes the statement “Buyer agrees to assume the terms of the solar panel lease.” After speaking with the solar company multiple times, I’ve gotten wildly different amounts from them (to either pay off the... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 28, 2022

You will need or want to continue negotiating until you can reach agreement that resolves or addresses the solar panel issue. I would strongly encourage you get a clear answer from the solar company (which they are not doing and is already a terribly bad sign). You will need to negotiate on who... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: quit claim deed signatures only had 1 witness is it valid

deed to add me had 2 witnesses deed to remove me only has 1

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 19, 2022

No, it would not be, the requirements for a valid deed are as follows;

You can read the specific requirements in Fla. Stat. § 689.01, which lists three basic requirements for the validity of a Florida deed:

The deed must be in writing;

The deed must be signed by the...
Read more »

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