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Questions Answered by Phillip William Gunthert
3 Answers | Asked in Probate for Florida on
Q: RE: PROBATE Hi ~ I am currently working with a probate attorney. I retained him on 9.15 and signed docs which hit the

the court's desk on 9.19. There hasn't been any movement. My atty. said it would take about 2 weeks for me to be appointed representative. Nothing has happened yet. I am paying some of my late sister's bills in the meantime. What do you think? Thanks so much.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 21, 2020

I think that is moving quite quickly, especially the filings by attorney, once filed you wait on the clerk and the judge and it takes time. If this is a Formal Probate you better get used to some waiting.

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2 Answers | Asked in Real Estate Law for Florida on
Q: what happens when a piece of real estate was left to 6 adult siblings and only four have signed a document to sell it.

The house is rented and four want to sell it. Can the sale happen with a majority or does everyone have to be on board?

Phillip William Gunthert
Phillip William Gunthert answered on Oct 18, 2020

No, it cannot, it requires a forced partition action, this involves the court, time, effort and money, everyone will be better served if you reach some sort of an agreeable arrangement amongst yourselves, if not, the partition action is what you will have to look into. The sale cannot happen unless... Read more »

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3 Answers | Asked in Probate for Florida on
Q: What should I do about this situation? Where do I start?
Phillip William Gunthert
Phillip William Gunthert answered on Oct 17, 2020

If your issue is a Florida Probate circumstance then you will need to provide additional information and details and speak with and work with a Florida Probate Attorney, in Florida almost all probates end up requiring a probate attorney for a number of reasons. You need to provide more details and... Read more »

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1 Answer | Asked in Probate for Florida on
Q: What is the waiver of petition and notice of administration?

This is for my uncle who passed away. My aunt asked her friend who is a lawyer to help with this and he sent it to all of us.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 16, 2020

There are a lot of different waivers for many different things in probate, it is usually to speed up the process and move things along. If you have any doubts about anything you should no doubt have the documents reviewed by a Florida Probate Attorney. One question I would ask, if there is a Will,... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I think Im being scammed and so is my elderly 77yr mom. Dad died 6yrs ago my mom and I had 50-60k and a 300k house gone

I just found out all money was cashed out along with MY life ins without my knowing and now after 20yrs I invested 300k in a home Im being told is sold and I must get out with nothing to show? Im being scammed? My money is all gone and now so is my home!

Phillip William Gunthert
Phillip William Gunthert answered on Oct 14, 2020

If this is related to a divorce you will need to seek out a family law attorney. If this is related to a probate, you will want to get a copy of the property deed as well as the Will/Trust/Probate Documents. You starting point is likely the clerk of the court in the county where this took place... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Father died will prob. step mom had lifetime estate died recently how do I take possession of home i was left in will?

I need to take possession of the home in montgomery. There is no mortgage. Taxes and insurance are current. What steps do I take first?

Phillip William Gunthert
Phillip William Gunthert answered on Oct 14, 2020

Very sorry for your loss and the passing of your mom, please accept my condolences at this time for you and your family. Generally and this is especially true in Florida, you usually can accomplish this by getting a death certificate and then recording it with the property division with the clerk... Read more »

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2 Answers | Asked in Probate for Florida on
Q: How can I get a copy of my dads will in manatee county
Phillip William Gunthert
Phillip William Gunthert answered on Oct 12, 2020

If a probate was or is being opened and a Will existed it would be with the clerk of the court in the county where your father lived upon his passing in order to file a probate. Even if a probate is not opened, anyone in possession of a Will must submit it to the clerk of the court within 10 days... Read more »

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2 Answers | Asked in Banking, Estate Planning and Probate for Florida on
Q: As a son can I inherit part of the money located in my deceased father joint bank accounts with his surviving wife?

The spouse is not my mother and my father did a Will with specific % distributions including me and my brother as his heirs, along with her.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 3, 2020

No, joint accounts go the survivor. Pay on death, transfer on death designations go to the named person and the Will usually will not matter, I say usually because there are special rules fur surviving spouse and children under 18. Another example is a deed, the property passes based on what the... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: I have a will done in Georgia I now live in Florida do I need will now?

Professionally done by probate Attys includes notarized affidavit two witnesses

All done legally but all done in GA.

Now Live in Florida. Beneficiaries live in GA and AL. ( Two adult children)

Phillip William Gunthert
Phillip William Gunthert answered on Oct 1, 2020

Based on the U.S. Constitution "Full Faith and Credit Clause", A validly created Will in one state is usually accepted and recognized in another state with certain limitations. If it has been a while since you created the Will it is likely that you should have it reviewed and updated and... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: If my dad and I are both on a mortgage what happens if he passes away?

Can the mortgage just go to me or will it have to involve his estate. I don’t want it to as I don’t want my brother to be involved with the mortgage.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 25, 2020

It depends, what does the deed exactly say, what does your dad's will say, is the property homestead, is it in Florida the property, is there a surviving spouse? You will want start by getting a copy of the deed and review it and precisely what it says. It is also probably helpful if you dad... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: Is there a reason my relatives wont give my my fathers attorney info?

My father recently passed away. (August 24th 2020). My sister and i were supposed to inherit his life policy. Now all of a sudden, a different beneficiary on a document recently magically found, determines that we do not inherit that as he intended. When i asked for my fathers attorney information,... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 24, 2020

Very sorry for your loss and the passing of your father, please accept my condolences. You will likely need to contact an attorney in the state where this is taking place (his residence, place of probate), if the state is anything like Florida, you should be able to go online yourself possibly and... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Florida personal representative compensation.

In Florida can a personal representative be compensated on the value of real estate if the real estate in question was homesteaded by the Descendant at the time of death? The real estate was sold during probate.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 22, 2020

No, Homestead is not part of the probate estate. I would further state, the probate attorney should be clearly conveying these facts and answering these questions in a timely manner.

2 Answers | Asked in Copyright, Products Liability, Business Formation and Trademark for Florida on
Q: Could I use a trademark name that's been abandoned since 1-8-2018?

I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do

Phillip William Gunthert
Phillip William Gunthert answered on Sep 21, 2020

If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My mom died 15 yrs ago. Fltreasurehunt shows an account. No probate was opened. Do we need one now?
Phillip William Gunthert
Phillip William Gunthert answered on Sep 18, 2020

You should try to contact them and complete the paperwork and see if you can make the claim by just completing the provided forms, in many instances you can. If there is more to the situation or other assets need to be addressed (like title to a property and such) then a different solution may be... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: My husbands grandfather left him the house we've lived in for 27 years in his will. How do we change the name on

or add his name to the deed. We've made all the mortgage payments and will have it paid off in the next five years. His grandfather passed away in 2006 I believe, and my sister-in-law is the executor.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 16, 2020

You will want to have the current deed reviewed by a Florida Estate Planning/Probate or Real Estate Attorney, probably the best bet would be a Florida Probate Attorney as this is a probate matter. Of there was no probate ever done then it is possible and likely that a probate of some type will be... Read more »

1 Answer | Asked in DUI / DWI, Estate Planning and Family Law for Florida on
Q: it my birthday in 18 days yeet

it my birthday in 18 days

Phillip William Gunthert
Phillip William Gunthert answered on Sep 11, 2020

Now you are officially an adult, you can vote and you can be drafted but you still cant have a drink until 21, you can enter into contracts, get a job and pay your own bills and go to college or both, there is a lot to think about and upon the horizon, do not rush into anything too quickly.

1 Answer | Asked in Consumer Law for Florida on
Q: Is it legal in Florida for dental practices to charge a COVID-19 fee to their patients to cover the costs of PPEs?

Particularly if that practice is a corporation - Sage Dental. Didn't they receive any relief money from the government to defray these costs?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 10, 2020

There is always some new scam and fee, I would venture to say that a dentist charges plenty in general for their services already, this would be like an attorney, accountant, restaurant, bar, etc., any business adding a Covid-fee because the cost of doing business has increased with Covid now, we... Read more »

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: In FL can I hold (not allow access to) packages received in our office for residents who are not current on their rent?
Phillip William Gunthert
Phillip William Gunthert answered on Sep 10, 2020

What are you, the postal inspector? Noooooooooooooooooooooo, you can just get yourself into a ton of trouble pulling stunts of that sort. 18 US Code 1701 just for starting reference for you; Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Mother died 4 years ago, as son I would like to claim funds held by the state. Probate is required. What forms do I nee

miami-dade, florida i want to know exactly what forms are necessary and a little bit about the process

Phillip William Gunthert
Phillip William Gunthert answered on Sep 9, 2020

Contact the clerk of the court or go there and ask about disposition of property without administration, you may be able to do this on your own, if a different probate is required and or needed you may end up being stuck doing a Summary Administration or even a Formal Administration and then you... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: We have been in probate since 2017, its a small estate with no complexities, is that too long
Phillip William Gunthert
Phillip William Gunthert answered on Sep 8, 2020

3 years seems like a long time, that said, as a probate attorney you often hear that a case is simple, basic, not-complicated, easy, etc., and as we all know and experience with ongoing probate cases it is anything but easy based on later arising facts. Generally, 3 years is a long time for any... Read more »

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