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Questions Answered by Phillip William Gunthert
2 Answers | Asked in Real Estate Law for Florida on
Q: My father and my aunt passed away and they had a house. What do I need to do to get it in my name
Phillip William Gunthert
Phillip William Gunthert answered on Aug 6, 2020

You will need and want to speak with a Florida Probate Attorney. It will depend on what the property deed says, Will and or Trust, who has survived them (spouse and or children) and so forth. In many instances some version of probate will be needed, if this was Homestead, they other rules may... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: How do I get property in my name
Phillip William Gunthert
Phillip William Gunthert answered on Aug 6, 2020

You need to provide more information and details, is the property in Florida, what does the deed say, is this part of a Florida Probate. Has someone passed away and are you named in the Will/Trust, etc. It will depend on the circumstances and how you are getting the property.

1 Answer | Asked in Banking, Consumer Law and Contracts for Florida on
Q: I need some clarification on Car Bank loans and what my options are here in Florida. How can I send you the information

I need some clarification on Car Bank loans and what my options are here in Florida. I tried to post my questions here but it said I have to many character but you would need to see this information to give any advice, how can I send the detailed messages for proper recommendations?

Phillip William Gunthert
Phillip William Gunthert answered on Aug 5, 2020

You will have to contact and hire and attorney for their hourly fee or for a fixed fee to review the contract and advise you on any questions and issues that you might have related to the contract/purchase/loan, etc.

2 Answers | Asked in Estate Planning and Foreclosure for Florida on
Q: In understand she has that right I’m trying to do is find out how can contest the will once she dies

To know what she had done I need to know what’s in it is probate court the right court to contest the will to force it to the court to force the executive to file the will with the probate court . I would appreciate not so nasty of a answer

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

Once a person passes away in the State of Florida a Will must be submitted to the appropriate clerk of the court in the county where they lived within 10 days. If the Will is not filed in this manner then there are additional options to make them do so.

Under section 732.901(1), Florida...
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1 Answer | Asked in Collections for Florida on
Q: With a bill in collections that’s 10 years old, could they still seek to put a judgment out on me?

It’s way past the statute of limitations

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

If you have not paid it and you did not get a judgment against you then it is likely that the Statute of Limitations (SOL) has expired, if they file a lawsuit then you would use SOL as your defense to dismiss the case.

2 Answers | Asked in Collections for Florida on
Q: If a debt collector sells a debt, Does the statute of limitations start all over?

It’s from 2010.

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

No. It starts over if you paid or agreed to pay or continues if they got a judgment, but no, it does not renew and start over again just because one collector sells or transfers it to a new collector. The Statute of Limitations without payment by you or a judgment against you has likely run out by... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: What if testator lives in Georgia but is in Florida and needs to create a Power of Attorney immediately?

Within the next week or so. Because the testator is currently in Florida and is incapacitated she had a POA drawn up, signed by herself, witnesses and notarized but when the executor took the paperwork to the testator’s financial institution, the institution did not honor it because it was not a... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Aug 2, 2020

Contact a Florida Estate Planning Attorney and they can help you quickly create a Power of Attorney. Also, Power of Attorney is recognized as are Will's and other estate planning documents from state to state. The real question becomes, when you say fast, how fast will you need it?

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1 Answer | Asked in Estate Planning for Florida on
Q: How to receive inheritance?

My Grandmother passed due to cancer within 6 months after her mother died. 8 months after my grandmother’s death, her father died. My grandmother has 4 living siblings and a surviving spouse. My father and my aunt, her only bio children have received no inheritance payment, there’s too much... Read more »

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

You need a probate attorney in the state where the deaths occurred and then you likely need to pursue a probate for each person individually in the order that they passed. You will want to check to see if there are any assets that need to go through probate, you will need to see if there are any... Read more »

3 Answers | Asked in Probate for Florida on
Q: My FL probate attorney isn't returning calls, letters or emails. Can I file a doc with the court to fire the attorney?
Phillip William Gunthert
Phillip William Gunthert answered on Jul 14, 2020

You should start with reviewing your engagement contract/fee agreement, this usually has all the terms related to ending your legal relationship. You will likely be stuck paying for the work that was already done or you could possibly lost your retainer as well (review of the contract will help).... Read more »

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I am interested in small time reselling and I would like to know if there are any forms And documents I should have
Phillip William Gunthert
Phillip William Gunthert answered on Jul 11, 2020

You will want to contact a Florida Business Attorney and have them help you sent up a proper business entity (LLC, or other entity), they would would be an excellent resource to have and can help with your various questions and business needs presently with start-up and ongoing, if you just want... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: My wife and I want add our daughter’s name to the deed for our home still mortgages. In Florida, what are the steps?
Phillip William Gunthert
Phillip William Gunthert answered on Jul 4, 2020

Contact the mortgage company regarding due on sale/transfer clause issues, contact the insurance company for the home, contact the county tax collector regarding document stamp issues/sums, determine if a quitclaim deed will be sufficient, if this is your primary residence "homestead",... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Husband and I had capital one credit card, someone bought the account and is taking me to small claims

It’s from 2015 or 2016. The account got closed and because of interest the amount owed doubled. A company bought the account and is taking me to small claims, all of this during a pandemic! Do I have to show up/do the zoom? Do I need a lawyer.

Phillip William Gunthert
Phillip William Gunthert answered on Jul 2, 2020

Yes, always be sure to show up and fight them as they are always trying to get default judgments, that is their game mainly. Also, they bought the debt, they need to prove they have ownership of the debt and are the rightful person to collect upon it, can they prove they are the owner and the debt... Read more »

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: How to claim my mothers life insurance the fastest? Been in probate for years I’m only 20 with no family in the US left

My mother and father passed away two days apart my mother first then my father. My mother had a will and setup an irrevocable trust. My mother’s life insurance policy listed my father as primary beneficiary but also listed my grandmother as (contingent beneficiary) she lives in Israel and is not... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 28, 2020

An attorney in the state where this took place would need to review the matter, the Will and Trust would need to be reviewed, why the probate is dragging on for years would also need to be explained. Life insurance passes to the named beneficiary outside of probate if there is a named beneficiary,... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Dad is refinancing home and mom is not on title. It says he is a married man on it. Title is joined with daughter.

Joint tenancy with right of survivorship. Does wife has any rights to the house?

Phillip William Gunthert
Phillip William Gunthert answered on Jun 26, 2020

In Florida she likely does if it is their homestead and she did not sign a pre-nuptial or post-nuptial agreement or signed any waiver towards the property. Spouses have very substantial rights in both divorce and probate. I would encourage you to speak with an estate planning attorney if this is... Read more »

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3 Answers | Asked in Business Law for Florida on
Q: I own a business with my family. We are fighting. How do we split the business or what rights do I have

Mom and me and my brother are listed as owners

Phillip William Gunthert
Phillip William Gunthert answered on Jun 26, 2020

You will want to reference your business internal documents (LLC would be your operating agreement and so forth), if no such agreements were drafted then you would have to resort to and look at the Florida Default Statutes based on the type of entity you created. You should try to find a way to... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, can my husband and I witness my father's will if I am a party to the will? I think Florida allows this?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 18, 2020

The law and Florida Statute is as follows;

Florida Statute 732.504 Who may witness.—

(1) Any person competent to be a witness may act as a witness to a will.

(2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an...
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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a homemade Florida Will be notarized by a notary instead of witnessed by two witnesses?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 18, 2020

No, you need to have two witnesses or it will not be valid whatsoever in Florida, you can likely do it via online notary, even Remote Online Notary (RON). You should also pay someone to help you with your estate plan, you likely need durable power of attorney, living will, Florida healthcare... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: My mother lives in New York I live in Florida . Where would I file a letter of administration
Phillip William Gunthert
Phillip William Gunthert answered on Jun 17, 2020

You file probate in state where you mom resided and she had her property, homestead and residency, this is where probate is filed and where you get your letters of administration, from that state's probate court.

1 Answer | Asked in Estate Planning for Florida on
Q: How long can I keep a condo in my dads name if I’m living in it and there’s no mortgage. What are highs and lows?

Thank you for your respond. There is/was nothing outstanding and everything is paid to date including HOA. I’m wanting to know how to fly under radar of condo association if there cashing HOA checks from my checking, I’ve resided in since February and I was willed the property outright. I... Read more »

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

If you have insurance that will be a problem potentially right away, if your dad had homestead tax advantages that can be a huge problem at some point with taxes and penalties. If your father has passed away, you will want and need to review the current deed and see how it is titled, in addition,... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: How would a Florida POA Principal sign a new POA if they are in assisted living under lockdown due to COVID19?

Principal wants to revoke current POA and Agent and to create a new durable POA.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 15, 2020

You can contact a Florida Estate Planning Attorney and they can draft a Durable Power of Attorney and then you can mail the POA to the person at the facility and they can get the document witnesses and notarized at the facility that will surely have a notary on hand or can provide one or you can... Read more »

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