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Questions Answered by Phillip William Gunthert
2 Answers | Asked in Gov & Administrative Law, Probate, Products Liability and Public Benefits for Florida on
Q: On a probate case do I get a lawyer from the state I reside in or from the state the probate is in?
Phillip William Gunthert
Phillip William Gunthert answered on Apr 22, 2021

You would be advised to deal with an attorney in the State where the probate is located. Unless an attorney is licensed in multiple states it is best to deal with a person from that state because each state has their own rules and quirks as it relates to probate matters.

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3 Answers | Asked in Probate for Florida on
Q: My mom died 2 years ago no will. She left us her house and car. No debts left. Do we need to probate?

Two of us live in the home. We are trying to put the house and vehicle in our names. So lost on everything. Our dad died 18 years ago. I am the oldest and I am handling everything.

Phillip William Gunthert
Phillip William Gunthert answered on Apr 20, 2021

It is likely that you may end up needing a Florida Probate Attorney in order to address the property and help you with any other assets in your mom's name that need to be addressed and or probated. Your starting point would be to review the deed of the property. If it is only in your... Read more »

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1 Answer | Asked in Probate for Florida on
Q: What does it mean when a probate is closed?

Father estate went to probate. I was to get a portion. In south Carolina four it states its closed. That it. What does that mean?

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

The probate has been discharged and closed, this means that it has ended and all distributions and payments to creditors and beneficiaries have been addressed and made and probate has ended as far as the court is concerned.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I live in Fla my dad lived in s.carolina. with my step mother. He had a will and a trust as best I know. The trust was

Given to each named person. But the estate was put in probate in south carolina. I got a paper from the court that said the beneficiaries of the estate were equally split between myself my half sister and my step mom. I never got to see the will or such and step mom was named executor. I was told... Read more »

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

You need to request a copy of the Trust/Will and any estate related documents from SC or otherwise.

2 Answers | Asked in Probate for Florida on
Q: My step mom was the executor of his will. I was a wreck after losing my dad. Now step mom passed too.

Mom originally told me that we don't get anything from dad until she passes. Probate was closed 12/2017. She passed this month.

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

Very sorry for your loss and please accept my condolences. 1 month is not a very long time for probate purposes, you need to get an attorney in order to help you determine what is going on and if a probate is if needed or is filed, remember, only assets with the name of the deceased alone on them... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Father remarried, died florida with revocable trust made in ca with late wife 1996 funded solely with community propert

that my mother willed to the trust. New wife wants share. Does she get share of full estate, or just share of his half? This was not an a/b trust, and he was able to revoke, modify, etc...what happened to my mother's half??

Phillip William Gunthert
Phillip William Gunthert answered on Apr 11, 2021

Very sorry for your loss and the passing of your father, please accept my condolences for you and your family. You will need to have the Trust and any Will reviewed, it will also depend on whether a prenuptial or postnuptial agreement was signed, it will depend on what alterations and changes your... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Trust Litigation

My father passed away, he had both a trust and a will. My uncle is trustee and refuses to send me an accounting of the trust assets. I believe my ex-husband received my inheritance from my grandparents and I'm certain my father's estate has been handed out to whomever. I don't have... Read more »

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

You will want to request a copy of the Will and Trust and an inventory and an accounting, the Trustee or Personal Representative of the estate should and or must provide these documents in a timely manner. If already filed you can secure Will and related documents from the clerk of court in county... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: 2nd mortgage in FL which has not been paid since 2009. Have not heard from mortgage company since 2009. Would like to

settle. Can they charge interest since then? Willing to pay amount owed in 2009. Does SOL apply if never received bill since 2009? Company on lien went under in 2009. Never notified of new lien owner.

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

You will want to be careful negotiating and starting negotiations because you can revive the debt potentially . If there was no judgment ever, then the Statute of Limitations that applies is directly below (2b and 2c) ;

95.11 Limitations other than for the recovery of real...
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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: On March 31st my fiance passed away and her daughters are coming through the house throwing stuff away

Like it was their own stuff now I've been here for 7 years living in this house though we were never married do they have a legal right to come in this house when there is no last will or a will written out saying that the house belongs to them? Or do I get the house?

Phillip William Gunthert
Phillip William Gunthert answered on Apr 4, 2021

I am very sorry for your loss of your fiance and please accept my condolences sympathy at this difficult time. No, they do not have any right to come to or be in the house at all at this point if no Will exists, no probate has commenced and they are not on the deed. Speaking of deeds, if you were... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Since the granddaughter is the only contributor to the estate debts and cannot own the property, can claim be establish

The immediate offsprings are not interested in filing probate and have utilized the bank funds and vehicles(still registered in the deceased name. The granddaughter is the only heir to want to open a probate case to get Administrative Summary of the estate. Is that a doable strategy?

Phillip William Gunthert
Phillip William Gunthert answered on Apr 2, 2021

Yes, when other parties are unable or unwilling to open a probate, then an interested party can pursue and open a probate possibly in order to submit a Will or pursue an Intestate Probate Administration in accordance with Florida Statutory Laws. She is going to need a Florida Probate Attorney if... Read more »

2 Answers | Asked in Probate for Florida on
Q: I have a client to refer. Her grandmother died 3 years ago without a will. The direct sibling has failed to probate

The granddaughter has paid the property taxes for 3 consecutive years. She would like to take ownership of the property. All tax receipts are paid in her name solely. The siblings(her deceased mother was one of them) have failed to file a probate case for the estate but have depleted all other... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Apr 1, 2021

Since it has been two plus years a Summary Administration probably could or would be used, but it is possible that Formal Probate could also still be used and needed based on circumstances. She is not going to own the house outright, it would be distributed based on Florida Law related to... Read more »

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3 Answers | Asked in Probate for Florida on
Q: I am wondering what type of Deed do I need to transfer property into my name that I inherited? I live in Orlando Fl.

The Will has been filled and I have the death certificate and original Will. I was told that all I had to do was fill out the deed have it notarized and signed by 2 witnesses. Also enclose death certificate and a copy of the Will and take it to the Clerk of the Country Office? Thank you in advance... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Mar 31, 2021

There are a few things going on here and some or all of them could be potentially important. It is likely that you will need to speak with and work with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that would need to be pursued, if any.... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: FL Intestate succession when decedent and descendants have passed. Who has claim to estate?

Decedent had no will at time of death and surviving son never had deed/title changed. Now surviving son has passed. Decedent was divorced from Son's father when she purchased estate.

Phillip William Gunthert
Phillip William Gunthert answered on Mar 29, 2021

Very sorry for your losses and please accept my condolences. You are going to likely need a Florida Probate Attorney, you should get the Deed of the property and have it reviewed as well, but generally speaking it is possible that 1 or 2 probates may end up being needed or the property may have... Read more »

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2 Answers | Asked in Probate for Florida on
Q: How to check status of probate
Phillip William Gunthert
Phillip William Gunthert answered on Mar 29, 2021

You can go to the clerk of the court website and look up the case and you will be able to pull it up to see what is going on. You go the the clerk of the court in the county where the person lived and where the probate was filed. That said, you should be getting timely and regular updates from the... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: What can I do if my wife is refusing to sign refinance papers on our mortgage? The house is in my name but she is on it

because we are married. If that's the case, what can I do because her not signing is forcing me to have to pay the high mortgage, which isn't fair to me because she pays nothing

Phillip William Gunthert
Phillip William Gunthert answered on Mar 29, 2021

There will be no refinancing if this property is Homestead or if her name is on the property, you need her signature just like she would need yours.

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2 Answers | Asked in Elder Law for Florida on
Q: What can I do to gain a durable power of attorney for my elderly mother?

She had a severe stroke and unable to make any decision or do for herself.

Phillip William Gunthert
Phillip William Gunthert answered on Mar 22, 2021

If your mom is mentally competent and able to comprehend and act then she can have Florida Durable Power of Attorney Documents drafted and you can use these documents as needed. If your mom is mentally incapacitated and unable to comprehend and act then you will need to pursue and seek guardianship... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My uncle left my grandmother his sister his house, she would like to sell it. Do we have to go through probate first?

Do you have have to hire a probate lawyer in order to process a will with the court and/or county?

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

It is more than likely that you will need a Florida Probate Attorney to help you with a probate. You will want to get a copy of the property deed and have it reviewed as well, it is possible that based on how the deed is held that the property could/may pass in that manner alone. It is more likely... Read more »

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3 Answers | Asked in Estate Planning for Florida on
Q: How can my Mother-In-Law access her deceased sons bank account?

My Brother in Law passed and my mother in law is taking care of everything, he left a simple will which we filed with the courts stating everything goes to her, She is currently trying to get access to his bank account but the bank is saying the will doesn't state his finances the Bank says we... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Mar 6, 2021

Most probate matters in Florida will require a Florida Probate Attorney. The bank will not let you access those monies until some version of probate is completed if your in-law was not on account or not named as the pay on death beneficiary. Since the estate may be small enough, you may be able too... Read more »

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3 Answers | Asked in Estate Planning for Florida on
Q: My girlfriend mother passed away and left a home wit no will, she has not paid the mortgage since October, can she sell

The house if she gets a probate lawyer to change it over to her name and it there a flat fee for this service, or what would she pay, we spoke to a lawyer who’s asking for $700 as a retainer and $4100 once the property is sold

Phillip William Gunthert
Phillip William Gunthert answered on Mar 4, 2021

If this is in Florida then she will in most instances need a Florida Probate Attorney. If there is no Will then the then the Florida Intestate Statutes (without a Will) are going to apply. If the property was her mom's Homestead then special rules and protections will apply to property with... Read more »

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2 Answers | Asked in Probate for Florida on
Q: how to recover bounced checks from frozen/closed account when executor of estate won't respond and no probate filed

executor is sole beneficiary (and step brother) but these checks written b4 my father died.

Phillip William Gunthert
Phillip William Gunthert answered on Mar 2, 2021

Very sorry for your loss and the passing of your father, please accept my condolences. If no probate is filed then there is no executor of the estate (called a personal representative in Florida). It is possible that the estate has no assets and or is insolvent, there is also no requirement for... Read more »

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