Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Phillip William Gunthert
1 Answer | Asked in Probate 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.

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

1 Answer | Asked in Estate Planning, Medical Malpractice and Probate for Florida on
Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 18, 2022

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are... Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: can i be taken off a quit claim deed without resigning a new document

i was put on deed in 2014 and recently taken off without my knowledge

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 16, 2022

No, this should definitely not happen if you were the owner via a Quit Claim Deed, a review of the previous deed and document would be in order, but if you were the owner via Deed, they cannot convey it without your approval, agreement and signature. It is possible that maybe it was not a Quit... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: A resident with FL Homestead; the deed states joint-ownership with right of survivorship. What are my rights?

I am a resident homeowner with FL Homestead however, the deed states joint-ownership (Mother) with right of survivorship. The deed was recorded in 2012. The property was originally part of a relative's estate. The mother does not reside at the property. An uninvolved party (claiming a POA)... Read more »

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

50% if they are equal owners as you have stated. Forcing the sale is not easy, they will have to pursue a partition action, for your purposes, you should try to work something out, agree to sell, buy them out, whatever the case might be other than partition, because forced partition will take time,... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Florida on
Q: Wy wife recently died. She had several credit cards in her name. Am I responsible for these bills?
Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any... Read more »

1 Answer | Asked in Probate for Florida on
Q: Where can I obtain a copy of my step-mother's last will and testament. She lives in Broward County, FL. Thanks.

Will obtained from late father is out dated, prior to moving to Florida. It doesn't include present condo ownership.

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 13, 2022

You would get a copy from your stepmother, and she would have to update her Will and estate planning documents. It is possible that her Will has not yet been updated and therefore she would have to visit with a Florida Estate Planning Attorney to get this taken care of and properly added and... Read more »

3 Answers | Asked in Probate for Florida on
Q: My stepmother died in December 2021. Her estate never went through probate. She listed my father as primary beneficiary

On brokerage acct.. My stepsister as secondary beneficiary. My dad died July 2022. Does her account go to my dads estate or to stepsister

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

I am very sorry for your loss of your stepmom and your dad, please accept my condolences for you and your family at this difficult time. As a basic and general response to your inquiry, with knowing little else, it would appear that upon your stepmom's passing that your father became the owner... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: Mortgage co says mortgage from inherited property in Florida from Mom can't be assumed by 4 children, must be refinanced

We understand the Garn St Germaine Act of 1982 protects consumers from having onerous terms put on them when inheriting a mortgage. Our mother had Alzheimer's so I have been making the payments on time every month, never missed a payment. The property, still in probate, will be inherited... Read more »

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

Generally, and specifically the mortgage company is likely wrong. The federal Garn-St. Germain Depository Institutions Act of 1982 prohibits enforcement of a due-on-sale clause after specific kinds of transactions, like a property transfer to a relative upon the borrower’s death or a transfer... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: My husband his brother and their mom inherited a house. If something happens to my husband do I get his share.
Phillip William Gunthert
Phillip William Gunthert
answered on Jul 4, 2022

Maybe, if your husband does proper estate planning and or creates a deed naming you, then it is possible. You would have to start by viewing the current deed and how it is titled. Also, it depends on whether you have a prenuptial and or postnuptial agreement. It is not automatic that you would get... Read more »

2 Answers | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: What kind of lawyer do I need? And what are the charges?

I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .

I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... Read more »

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

If you agree to pay a percentage of recovery you are looking at 33-40% usually if it is a contingency matter at most law offices. If the check is in your LLC name that is closed and no longer exists, you could have an attorney look into opening it up and getting it paid up with the Florida... Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: Death was 9\15\21. How soon does personal representative have to register will at probate court?

4 children. Personal representative gave 3 of them $146,000. A trust for the diabled 4th child was to be funded with $146,000. No trust yet 9 months later. How much time legally to create trust?

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 7, 2022

In Florida, the statute states that any Will must, and I emphasize must be taken to the clerk of the court within 10 days, no one ever does that for the most part, but it is the law. If they fail to do this or do their duties in general related to the Will and or any Trust, then you need to get an... 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.