Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Phillip William Gunthert
1 Answer | Asked in Probate for Florida on
Q: (Florida) Have a car as an asset in probate, nearly paid off (no will) one sibling will not sign off to sell. Any remedy

If we can't sell car, we will lose it, as I can't keep paying on it and insurance.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 17, 2021

The vehicle should/would be part of a probate. You should speak with a Florida Probate Attorney in order to determine what can and needs to be done. The transfer of the car can usually be accomplished through the DMV directly in limited circumstances in Florida, this does not appear to be the case... Read more »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for Florida on
Q: I was adopted by my grandparents my blood mother was always in the picture she died unexpectedly mo will am I entitled
Phillip William Gunthert
Phillip William Gunthert answered on Oct 11, 2021

I am sorry for your loss on the passing of your mom, please accept my condolences. The answer to your questions is generally yes if you were named in a Will or Trust or if the estate was intestate (without a Will) then you can reference Florida Statute 732.108 (c) Adoption of a child by a close... Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: Hi, My mother passed in 1988 and my father passed in July. How do I inherit the house? I have notarized copy of his wish
Phillip William Gunthert
Phillip William Gunthert answered on Sep 30, 2021

I am very sorry for your loss and on the passing of your father, please accept my condolences for you and your family at this difficult time. The answer to your question is that it depends, if what you have is a Will/Trust/Deed that is one thing, if it is not a valid and legal document as listed,... Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: What percentage if an estate does a substitute PR get paid?
Phillip William Gunthert
Phillip William Gunthert answered on Sep 29, 2021

I would encourage you to speak with and work closely with your probate attorney as they are best suited to address this answer based on the precise details of the probate estate and work that the PR is doing for it. But generally you will find your answer in Florida Statute 733.617 and it is 3% on... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: You My husband died and I need to know what's going to happen with my house, am I going to lose it? Who has to pay now?
Phillip William Gunthert
Phillip William Gunthert answered on Sep 18, 2021

I am very sorry for you loss on the passing of your husband, please accept my condolences for you and your family and this difficult time. You will need to speak with a Florida Probate Attorney and provide additional information and details. Generally, the home (if it is homestead) usually will go... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: I have a deed question. If a brother owns some property (free and clear) and he adds his younger brother's name to deed

He wants to sell the property now but the brother won't agree to it. If he prepares a will and put another family member's name in the will, who will own it if he passes? In other words, what has more power a will or a deed?

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

In Florida usually always the Deed, there are some if and but variations if there is a spouse/child/this is Homestead Property. This is always a dangerous game of adding a person to a deed in this manner with a Quit Claim or similar deed, nothing can be done unless the secondary person, now on the... Read more »

1 Answer | Asked in Probate for Florida on
Q: I am the Personal Representative and custodian of an original Last Will of a decedent, Broward Co., FL. Small estate.

The decedent has no children, divorced and I am to receive 100% of the estate. I have the death certificate of the decedent and am ready to deposit the Will with the Broward County Clerk of the Court having the venue of the estate of the decedent.

What other documents should I present to... Read more »

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

I am very sorry for your loss and please accept my sympathy and condolences at this difficult time. You will also want to provide them with a copy of the death certificate. Depending on how small the probate estate is and what needs to be done, you can possibly get the forms online from the Broward... Read more »

3 Answers | Asked in Probate for Florida on
Q: My brother died. He was never married and had no children. Both parents are dead. He had 5 surviving siblings.

One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 15, 2021

Very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this difficult time. When someone passes away without a Will then the Florida Intestate Statutes (without a Will) apply, while estate matters can be somewhat complicated... Read more »

View More Answers

3 Answers | Asked in Probate for Florida on
Q: Uncle wants me to sign off on my grandmothers house

My grandmother passed 8yrs ago

She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also

He wants house in his name

But i do not agree and will not sign off

What can i do to make both of us... Read more »

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

You need to get a copy of the deed and review it. If the deed was only in your grandmother's name and there is no surviving spouse (grandfather) at the time, then it is likely that the property should have gone through some version of probate (or petition for homestead filing) in order to... Read more »

View More Answers

1 Answer | Asked in Consumer Law for Florida on
Q: My wife passed recently, she has credit card accounts, solely in her name. Am I responsible for paying them, in Florida.
Phillip William Gunthert
Phillip William Gunthert answered on Aug 19, 2021

I am very sorry for your loss on the passing of your wife, please accept my sympathy and condolences for you and your family at this difficult time. If you did not cosign on those accounts and they were in your wife's name alone (as you have stated), then you are not responsible for those... Read more »

2 Answers | Asked in Probate for Florida on
Q: A Florida resident died without a will and without any possessions. He had a checking account with a small balance
Phillip William Gunthert
Phillip William Gunthert answered on Aug 16, 2021

If the only asset is a small checking account, you can check with the clerk of the court in the county where they lived and see about filing a small estate probate, in Florida called Disposition of Property Without Administration. You are often able to find these documents/forms online with the... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: will it be a problem if my Date of Birth is incorrect on my mother's will?

I used to live with mom. We siblings are not close and I decided to exit the toxic environment back to another toxic environment that I was more comfortable with. That being said, I had taken mom to have a will drawn up because she was displaying a loss in cognitive value. She was later diagnosed... Read more »

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

You will want to find and speak with a Florida Probate Litigation Attorney, the issue that will arise would be related to capacity and undue influence since it appears that your mom may not have had mental capacity to know what she was doing when the Will drafted.

View More Answers

1 Answer | Asked in Probate for Florida on
Q: How does a heir to an estate get the property legally put in there name without going threw probate
Phillip William Gunthert
Phillip William Gunthert answered on Aug 13, 2021

You usually do not and can not. You would need to speak with an attorney in the state where the property is located, it is possible that based on the manner in which the property is owned/held via the Deed, that the property may pass outside of probate, you would need and want to get a copy of any... Read more »

2 Answers | Asked in Probate for Florida on
Q: My husband recently died intestate. He has one daughter from a previous marriage who has not spoken to him in the last

twenty years. Now that he is deceased, she has retained a lawyer to claim half of his estate. What are the chances that I could prevail if I contested any claim she makes on his estate?

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

Very sorry for your loss and the passing of your husband, please accept my condolences for you and your family at this sad and difficult time. Generally speaking, if there is an intestate estate (no Will), then the surviving spouse is entitled to one-half of the intestate estate and your... Read more »

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.