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Questions Answered by Phillip William Gunthert
2 Answers | Asked in Collections for Florida on
Q: Can Collection lawyers proceed with debt collection if they did not prove a debt never responded to verification letter?

A default judgment was filed in court in2003 for credit card debt .Writ of execution issued while I was living abroad . First notice I received three months ago when my bank account was put on hold and instantly drained to the last penny never knew before about the judgment until I received a... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 3, 2019

Yes they do it all the time, whether it is legal or not doesn't matter as they get a default judgment and the judges just blindly sign whatever the collector puts in front of them, it is like a conveyor belt of submitted garbage and trash from these collections companies that turn into cash. They... Read more »

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1 Answer | Asked in Probate for Florida on
Q: My father died of a drug OD. He was waiting for a check from a law office in Florida in a workplace injury.

Now that he has passed, Lawyers offices refuse to turn over check to his next of Kin. Is there any legal recourse that we can take to remedy this? I Forgot to specify that I live in MA. His death was in Florida and that is where everything was going on, Thank you for quick answers, I will try... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 24, 2019

I am very sorry for your loss and the passing of your father, please accept my sympathy and condolences at this difficult and sad time for you and your family. A probate (formal probate likely) needs to be pursued and the estate (personal representative) takes over matters and eventually the check... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: How do I get a will written, probated, and a power of attorney assigned? And how much does this normally cost?

My mother had a stroke two weeks ago but is still of sound mind and body. However her blood pressure is becoming difficult to control and she wants me to get her estate in order. I need to help her get her will written and probated as well as obtain power of attorney and draft a DNR order. Not... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 24, 2019

You will need to have your mom speak with a Florida Estate Planning Attorney if she is in Florida. Costs can vary drastically from law office to law office based on hourly attorney fees or even flat-fee costs based on the law firms established billing. The documents that you want drafted can be... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: I have a single owner LLC in Port St. Lucie. i have been sued for 19,000 over a contract. i am out of state.

i could represent myself( facts very straightforward) but need a lawyer because this is an llc. how do i proceed? my company has no assets.

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

You do need and attorney because if it is a single member llc and you have no assets in the llc and you lose they will go after your personally by attempting to pierce the corp. veil in their filings and which is very common in such an action. You need to seek out a business/civil litigation... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My brother passed away unexpectedly, I was his poa. No will no executor what do m.j I do now to take care of his stuff

Has 2 kids 19 and 21 which they abbonden there dad 10 years ago, I want them to get some of his things what should I do and how? Had no will, no executor, left me in charge but not on paper, worried 2 estranged sons will try to take everything when I need to pay his Bill's, I've already played for... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 15, 2019

Very sorry for your loss on the passing of your brother and please accept my condolences at this difficult time. When there is no Will, the Florida Intestate Statutes (without a Will) will apply. Any assets that were in your brother's name alone will have to go through probate if there is no... Read more »

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2 Answers | Asked in Collections for Florida on
Q: what can a collections lawyer do with a eviction case from 2016.. Can they take me to jail?

They told me they could put a hold on my person. I explained to her that due to bad health and being unemployed that I couldn't pay the fee that started out at $2184.84 then they said the lowest they could go was to $700. When I asked for documentation regarding this she said they didn't have to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 14, 2019

Ignore them, they are lowly collection people, they cannot arrest you, they can try to file a lawsuit and get a judgment and if you do not have anything or make very little, they cant even collect that at all, they are trying to fear-monger you into paying or agreeing to do something that you do... Read more »

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2 Answers | Asked in Probate and Estate Planning for Florida on
Q: My father had no will and my brother didn't even contact me to let me know he passed he is trying to take it all
Phillip William Gunthert
Phillip William Gunthert answered on Nov 13, 2019

If there is no Will then it is not likely that he will be able to take it all. When there is no Will or Trust, then generally the Florida Intestate Statutes (without a Will) apply, this also generally means that his estate (items with his name on it alone or no transfer on death designation) will... Read more »

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3 Answers | Asked in Probate for Florida on
Q: I am the only child my father died three weeks ago and his wife is asking me for money I don't know where to start to lo

Looking to see what I have inherited I don't have any papers either need help my dad left a property that he always said that it would be mine when he passed away now his wife said it's hers they've been married since 2001 and the property was bought before they were married when he was with my mom

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

Very sorry for your loss on the passing of your father and please accept my condolences. Either you or his spouse (I assume his second wife) will have to hire a Florida Probate Attorney and do a probate. Why she is asking you for money presently is beyond me. You will want to look at the deed of... Read more »

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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I need to file a Summary of Administration, my spouse left me the house in his will. He passed away 2017 I pay all mtg

Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 5, 2019

You are going to need to contact a Florida Probate Attorney and they can help you file a Summary Administration, with respect to the house (homestead possibly if it was his/your primary residence), as with all things in South Florida, slow moving and extra work most often. The sooner that you... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: My elderly parents cannot find their legal papers. The estate lawyer was Mowl. We can't find him. Can you help?

My elderly parents cannot find their legal papers...trust and living will... The Melbourne, FL lawyer who created them over 20 years ago was Mowl. But we can't find a listing for him anywhere. Can you help? Was he in a certain firm that might have retained their papers? Would the papers be filed... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 2, 2019

You should start by contacting the Florida State Bar as they can often help you in this regard, when an attorney leaves the practice of law, they usually should have a new referring attorney for their clients and papers, the Florida Bar would be a good place to start. Any papers he may have had... Read more »

2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: I am my parents primary caretaker and I have moved in with them full-time.

I am my parents primary caretaker and I have moved in with them full-time. What rights do I have as a caretaker and living in their home? Are there any legal documents that should be in place to protect me and/or my parent? And what type of law this is fall under, family law or elder law?

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

Elder Law and Estate Planning, you likely should encourage your parents to speak with an attorney about proper estate planning related to a Will and or Trust, Durable Power of Attorney, Florida Healthcare Surrogate, Living Will, Nomination of Guardian, HIPAA Waiver and so forth.

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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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