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Questions Answered by Phillip William Gunthert
2 Answers | Asked in Contracts and Products Liability for Florida on
Q: Is this live?

Is this site live with a real lawyer?

Phillip William Gunthert
Phillip William Gunthert answered on Oct 9, 2019

No, not live, based on your question and topic a Florida Licensed Attorney may or may not answer your question as it is all basically volunteer time from attorneys in order to point you in the right direction, if you want more details or specifics you will have to follow-up with an attorney and... Read more »

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4 Answers | Asked in Probate for Florida on
Q: 2 sisters inherit a house from their father, it goes through probate court and both sisters names are on the deed.

1 sister dies, is the deceased sister family entitled to her half in the house in the state of Florida. There is no will from the deceased sister

Phillip William Gunthert
Phillip William Gunthert answered on Oct 6, 2019

Unless the deed says otherwise, generally, the 1/2 share of the sister will be distributed to her family through a probate using the Florida Intestate Statutes (without a Will), which generally means her estate through probate will go to her husband and or children. A probate attorney would be... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: is a MI REVOCABLE TRUST LEGAL IN FL
Phillip William Gunthert
Phillip William Gunthert answered on Oct 4, 2019

In accordance with the U.S. Constitution under the "Full Faith and Credit Clause", the answer to your question is yes, "states must honor the laws of other states", this applies to Trusts and many other things as long as the Trust was created validly under Michigan Law. I caution, a review of the... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: what is the difference of a contract being governed by the state of Florida or the county of Miami Dade

if creating a contract between security provider and client and client want specifically and law suits ect to be held in Miami Dade county do the laws differ by count

Phillip William Gunthert
Phillip William Gunthert answered on Sep 28, 2019

No, state laws are the same, small things may differ from county to county based on how various clerk of the court's handle matters and or individual judges but the state laws applied are generally the same, there are various county ordinances and codes that may vary to some degree but as far as... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: My boyfriend just found out his mother died January 2019. He is the only surviving child. How does he find out if there

is a will or probabte?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 23, 2019

You will want to look online in the county where she lived on the clerk of the court website, look her up by name and it will show up if a probate was filed by anyone (spouse or anyone else). If there was a Will, then the Will should have been filed with the clerk of the court in the same county... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning, Landlord - Tenant and Probate for Florida on
Q: My sister died a few weeks ago and she was buying some property and I was living with her helping her pay the payments

She told everyone before she died that it was going to be left to me but the property is in her name how do I go about switching it in my name and make the payments where she left off and how would I go about getting power of attorney to handle her legal paperwork?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 18, 2019

Very sorry for your loss and the passing of your sister, please accept my condolences. You will need to contact a Florida Probate Attorney. There is no power of attorney after death as any power of attorney ends at death. If there is no Will, then the Florida Intestate Statutes (without a will)... Read more »

2 Answers | Asked in Probate for Florida on
Q: When probating an estate I Florida , can property owned Out of state be included ?

The property in question is in

The US Virgin Islands.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 8, 2019

It is listed in the probate papers in the filing, but the property has to be probated in the state/country/territory of location through an ancillary probate or a probate in that country. They usually want to see the probate paperwork from the state/country/territory where the primary probate took... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: HI, I live in Miami Florida. I am renting an apartment and about to leave the apartment because my lease is finishing.

HI, I live in Miami Florida. I am renting an apartment and about to leave the apartment because my lease is finishing.

My landlord took the oven to be fixed 11 months ago and never fixed it. i paid rent monthly on time. now the landlord wants to take some of my deposit for painting.... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Aug 29, 2019

Painting is part of normal wear and tear and you should generally not be burdened with this cost and have your deposit taken as a result as it is not a damage, painting is generally done each time an apartment turns over as the normal process and the tenant should not be charged for this unless you... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am living on a piece of land that my dad gave to my brother can his children evict me before probate Court
Phillip William Gunthert
Phillip William Gunthert answered on Aug 1, 2019

Probably not, unless and until someone is named personal representative of the estate/probate and or the probate moves forward and an order and petition is signed by the probate court/judge, it is likely doubtful. It may also depend on what the deed to the property says and what your ownership... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Then why are they saying we have to go through probate? They were married until she died in 2008. Thanks, Linda
Phillip William Gunthert
Phillip William Gunthert answered on Jul 26, 2019

You likely need to provide more information to a Florida Probate Attorney in order to get specific feedback on the estate and what needs to be done to transfer any property. At times it is easy, if done timely and efficiently and correctly, at other times things drag on and are more difficult if... Read more »

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1 Answer | Asked in Real Estate Law and Construction Law for Florida on
Q: Want to become a general contractor (FL) to get a permit for dad to build houses. What are the risks?

I reside in NYC. I want to take the test to get the general contractor license in Florida. Then I want to apply for a permit for a family friend to build houses. What are the liabilities/risks for me? I'm thinking of establishing an LLC to be more protected.

Phillip William Gunthert
Phillip William Gunthert answered on Jul 23, 2019

You definitely need to create a business entity (LLC would be a great choice). I would strongly advise you to work with an attorney in order to create the LLC, create the LLC Operating Agreement, understand liability protection and how you need to go about it in order to maximize the liability... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: My father passed and the mortgage was under his name . My mom is on the deed and has not told the mortgage company

Scared to tell the mortgage company because she can’t refinace the loan in her name.

Phillip William Gunthert
Phillip William Gunthert answered on Jul 21, 2019

Very sorry for your loss and the passing of your father, please accept my condolences. Your mother will not have to refinance the property, there are substantial protections in place as it relates to homestead rights and spousal rights and protections under the Garn St. Germain Depository Act as... Read more »

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3 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: My mom and brother are my beneficiaries. If I die first, money goes to Mom. If she dies, will my step-father inherit?

I want to make sure that my step-father, who is legally married to my Mom inherits nothing.

Phillip William Gunthert
Phillip William Gunthert answered on Jul 19, 2019

It is possible that precisely what you are trying to avoid can happen if you do not properly review, address and prepare your estate plan with an estate planning attorney. If you want to be sure that your mom receives assets and income and support throughout her life in the event of your passing,... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If I wait two years to administer my late husbands estate, will I bypass creditors and his estranged son?

I have enough funds to pay my bills for a few years and would rather not go through probate or contact his son whom he hasn’t seen in 20 years. I am sure he does not even know he died. The estate is worth over the 75k max for simplified probate .

Phillip William Gunthert
Phillip William Gunthert answered on Jul 18, 2019

Very sorry for your loss and the passing of your husband, please accept my condolences.

After two years you can file a summary administration and creditor claims are generally barred. I will note, if there is a Will then it does not matter, the assets will be distributed in accordance with...
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1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: Hi, I am looking to hopefully resolve an old Credit card judgement against me that was filed in 2007 in Florida,

I live in the UK now, and I am hoping to resolve it as I am planning a vacation to Florida but I am aware there could be a bench warrant for me as I couldn't attend the hearing. I work part time and can only afford the original amount but I am willing to pay monthly should discover card be willing,... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 18, 2019

There is no bench warrant out for you for a credit card financial judgment, the judgment is good for 10 years and then 10 more if renewed. You may want to start by looking up the case online with the clerk of the court in the county where you lived and see what it says, you can also call the clerk... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: someone i have had a disagreement with has my power of attournrey. ihave moved to fl from tn. the poa was made in tn.

what do i need to do to cancel this poa?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 9, 2019

You need to create a new power of attorney and notify any institutions or other parties that the prior/previous POA is no longer valid and that this new POA is the only one that they should recognize and accept. When you create a new POA, it usually always nullifies and previous POA documents... Read more »

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1 Answer | Asked in Collections for Florida on
Q: What happens if I fail to apear for a smalls claims mediation in Lake County florida
Phillip William Gunthert
Phillip William Gunthert answered on Jun 26, 2019

They will get a default judgment most likely and they win, then they will start the process of trying to find out about your assets and work towards trying to garnish your accounts and employment pay. It is advised that you attend the mediation, do not let them bully you, do not sign anything you... Read more »

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Mom passed no will. I live in house and pay everything. My brother forced his way into house wont leave and pays nothing

He owes irs over 200000$ and wants to threaten me that he wants to sell and get money. Dont i have rights? Before he came i ran ad in paper. Nobody responded. Now im ready to transfer deed to my name. Its been 10 years since mom passed

Phillip William Gunthert
Phillip William Gunthert answered on Jun 20, 2019

You need to have the deed reviewed in order to see how the property was held, if the property did not pass by operation of law based on how the deed was titled, then it is likely that some version of probate will be necessary in order to pass the property on to the legal beneficiaries in accordance... Read more »

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1 Answer | Asked in Business Law for Florida on
Q: What do I have to do to put a condo I own in Florida into a LLC from Purto Rico
Phillip William Gunthert
Phillip William Gunthert answered on Jun 14, 2019

You really will need to get hold of a Florida Business Attorney. The LLC would have to be registered with the Florida Department of State for starters. Then you would need to look into all the details related to the property, insurance (is there a problem once it is transferred into an LLC),... Read more »

3 Answers | Asked in Estate Planning for Florida on
Q: Entering fathers home during probate.

My father was found dead in his home in Florida. He had been dead for 6-7 days. The home had to be “tented” to get rid of smell. The home now needs cleaned of all the millions of bugs the fumigation did, and to have carpet ripped out, clothes thrown out, etc, to help with smell and appearance... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 12, 2019

Very sorry for your loss on the passing of your father, please accept my condolences. You should not feel bad if you are able to gain access and do the work yourself, I would encourage you to track all expenses related tot he property and the estate as well as create a list of the entire inventory... Read more »

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