Questions Answered by Phillip William Gunthert

Q: My husband pasted away June 2018. I am waiting to go through probate in another year but he has Bitcoins

1 Answer | Asked in Family Law and Probate for Florida on
Answered on Apr 18, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your husband, please accept my condolences. Any assets that a person owns in their name alone will normally have to go through probate unless there is some pay on death, transfer on death or survivorship designation on a deed or similar that allows for the transfer of that asset outside of probate. Bitcoins would normally be in some sort of investment or other brokerage account and would likely pass based on joint ownership or some survivorship...

Q: My mom recently past and my sisters are keeping me out of any estate info. How do I protect my inheritance?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Answered on Apr 16, 2019
Phillip William Gunthert's answer
Very sorry for your loss on the passing of your mother, please accept my condolences.

If a Will exists, it should be submitted to the clerk of the court in the county where your mom lived within 10 days. If your sisters are unwilling or unable to pursue probate, then you may want to step up and get a probate attorney and pursue becoming the named personal representative. While you are correct that an estate should not be handled in the manner that it currently appears to be getting...

Q: So would I have to leave the property

1 Answer | Asked in Real Estate Law for Florida on
Answered on Apr 14, 2019
Phillip William Gunthert's answer
The rest of your question is missing.

If you are on a property they generally would need to evict you, pursue an ejectment or similar type action. If this is probate related, they would also have to go through the probate process first. If it is some other issue or matter then you need to post your question again with additional details.

Q: Can my ex husband sell our condo without me being involved?

2 Answers | Asked in Real Estate Law for Florida on
Answered on Apr 14, 2019
Phillip William Gunthert's answer
No, if you are on the deed then you will have to sign for it to be a valid transaction.

Q: My fiance just passed away and we were living together do I have the right to stay in his property pls help with answer

2 Answers | Asked in Real Estate Law for Florida on
Answered on Apr 14, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your fiance, please accept my condolences at this difficult time.

No, you will likely be removed as part of the probate process once that commences and or is concluded. If you have records of your payments, mortgage, taxes, HOA, etc., you may be able to make a claim against the estate. If there was a Will naming you or if you were added to the Deed, then you have ownership interests there as well potentially. Adverse Possession is not...

Q: Hello my dad passed way two year ago I he have a house whit a lien on it can still transfer title to my name

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Florida on
Answered on Apr 9, 2019
Phillip William Gunthert's answer
You will need to contact a Florida Probate Attorney, after two years have passed you will be able to file a Summary Administration with the help of an attorney, this is usually faster and far more efficient. As far as any lien attached to the property, it remains attached to the property and you will need and want to address it through probate of course it depends on the type of lien) as not all things can be attached to property and especially not to Homestead Property. Your starting point, a...

Q: How do I get money out of my deceased mother's bank account

1 Answer | Asked in Estate Planning and Probate for Florida on
Answered on Apr 7, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your mother, please accept my condolences and sympathy at this difficult time. Generally, if there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply to her estate and any assets that are in her name alone will likely have to go through some version or probate, the type of probate will be determined based upon the type of assets and their total value, if under $75,000 it would be Summary Administration, if above, not...

Q: My Condo is under the name of my Irrovocable Trust and would like to get it transferred into my name.

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Answered on Apr 3, 2019
Phillip William Gunthert's answer
Your starting point will be to get a copy of the Trust and have it reviewed, based on the Trust, which is now irrevocable and the other beneficiaries, you may or may not be able to pursue getting it changed or revoked, etc. There are various Florida Statutes that may apply and may be helpful, you will need the copy of the trust and you will have to provide substantially more details. As a general starting point, you may want to look at Florida Statutes 736.0412, 736.0103, specifically...

Q: My father has a life estate in home & stated in his will that I can remain in home for 5 yrs after death? Is it valid?

1 Answer | Asked in Elder Law for Florida on
Answered on Mar 24, 2019
Phillip William Gunthert's answer
Very sorry about your father's illness.

You should get a copy of the deed and see precisely how it is titled and held. A life estate normally only applies to the person named in it and ends at their death, they cannot pass on an additional life estate normally. Upon review of the deed and the type of deed and how it is drafted, your father may be able to make changes to the deed, his Will or his overall estate plan still. Of course if your dad is seriously ill as you have stated or...

Q: Do i have beneficial title for purpose of homestead approval being im only heir to estate?

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Answered on Mar 23, 2019
Phillip William Gunthert's answer
Upon the passing of an individual, any assets in their name alone have to go through probate, if the property referenced was your mom's homestead, there is a petition that is filed with the probate along with the probate called a "Petition to Determine Homestead", this usually addresses the homestead property and passes ownership to the beneficiaries of the estate, if there is no Will, then the Florida Intestate Statutes will determine the ownership of the property. In Florida in order to file...

Q: Husband passed. I have checking account joint, but not our savings. What should I do?

2 Answers | Asked in Estate Planning and Probate for Florida on
Answered on Mar 13, 2019
Phillip William Gunthert's answer
Very sorry for your loss and please accept my condolences.

You will want and need to speak with a Florida Probate Attorney. Any assets that are in your husband's name alone may have to go through probate if there is no Pay on Death or Transfer on Death designation on that account. You will also want a probate attorney to look at the various deeds of the various properties in order to see how they were precisely held and determine how they can and will be transferred, if all the...

Q: I own a property with 2 of my deceased siblings. In order for my to sell the property do I have to go through probate?

2 Answers | Asked in Probate and Real Estate Law for Florida on
Answered on Mar 8, 2019
Phillip William Gunthert's answer
You will likely want to get a copy of the deed and have it reviewed in order to see how the property was held initially. The you will see how or if the property was transferred according to the deed upon their deaths or if it is transferred as part of their probate estates/Wills. If their shares are in their estates, then it is likely that probate will be necessary in order to transfer their shares according to their wills and then you can determine who precisely owns what and how it can...

Q: It's in my name and my deceased siblings,how can I remove them,I pay the taxes

1 Answer | Asked in Real Estate Law and Probate for Florida on
Answered on Mar 5, 2019
Phillip William Gunthert's answer
You are going to have to review the deed and how the property is held and whether the property passes directly to survivors upon death or if their interest passes to their family per the terms of their Will, Florida Statute (if no will) and or Probate Process. Usually, the manner in which the deed is held determines ownership upon passing or a probate is necessary to pass someone's interest in a property. You should keep records of all taxes and other expenses you pay as this can likely be...

Q: Hello i have property in florida that was passed down from my mother to myself and my siblings ,which are all deceaced,i

2 Answers | Asked in Real Estate Law and Probate for Florida on
Answered on Mar 5, 2019
Phillip William Gunthert's answer
You will want to review a copy of the deed and current ownership as well as speak with a Florida Probate Attorney. Unless the deed someone clarifies and resolves the issues, you and or other beneficiaries will likely have to address the ownership of this property through probate for any of the deceased owners. Your mom's and then any of your deceased siblings that own any interest in the property.

Q: I have a pending wrongful death case with no assets unless we win. Can I wait to hire a probate attorney?

1 Answer | Asked in Probate for Florida on
Answered on Mar 4, 2019
Phillip William Gunthert's answer
I am very sorry for your loss and please accept my sympathy and condolences.

In order to be able to pursue a wrongful death lawsuit or really do anything on behalf of an estate and or a deceased with banks or otherwise you will need to contact a Florida Probate Attorney and petition to become the Personal Representative of the Estate. Florida law requires that a probate attorney represent you in opening a Formal Probate, a Formal Probate is what will be needed to be named the Personal...

Q: I adopted my grandson through DCF His mom voluntarily sign her rights to me. Can I leave her as gaudian in my will?

1 Answer | Asked in Estate Planning and Family Law for Florida on
Answered on Mar 1, 2019
Phillip William Gunthert's answer
Yes, I would encourage you to set up proper and sufficient estate planning, Will (probably a Trust) for the care of your grandson. Remember, your nomination of a guardian is just that, simply a nomination of who you prefer, the matter would ultimately have to go through court and the judge/court would decide what is in the best interest of the child at that point. Any estate planning that you are able and or willing to do would help take care of your grandson if anything were ever to happen to...

Q: What type of lawyer do i need to hire to force my brother. to. open my moms will she died 8 years ago Mississippi

2 Answers | Asked in Probate for Florida on
Answered on Feb 25, 2019
Phillip William Gunthert's answer
You will need to contact a probate attorney in the state where your mom lived. You also do not need to wait on your brother, it is most likely that you will be able to start the process with an attorney if you so desire. Your brother obviously has no interest in this, so the next person can and should step up if you feel that is the best thing to do presently.

Q: In Florida .What happens with money in bank acct. When act holder dies and beneficiary is also deceased.

2 Answers | Asked in Estate Planning for Florida on
Answered on Feb 22, 2019
Phillip William Gunthert's answer
If the will is not valid then the Florida Intestate Statutes (without a will) will be applied. There is no requirement in Florida for a Will to be notarized, the statutory requirements for a valid Will is listed below.

732.502 Execution of wills.—Every will must be in writing and executed as follows:

(1)(a) Testator’s signature.—

1. The testator must sign the will at the end; or

2. The testator’s name must be subscribed at the end of the will by...

Q: PA. My mother had a will. Has a house she owes 18,000 on, a car that she owes 9,000 on, personal loan she owes 7,000 on

1 Answer | Asked in Estate Planning for Florida on
Answered on Feb 14, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your mom, please accept my condolences.

If this is your probate attorney and you hired them to handle the probate you should listen to them and trust them as they have all the information from you and related to the probate, this is especially so if this is a probate in another state.

While more information is needed by any Florida Probate Attorney if this is a Florida Probate, the information that you are providing does not sound...

Q: Is it customary to pay to an estate attorney 70% of his fee's (3% of the estate) based on the appraised value of a home?

1 Answer | Asked in Estate Planning for Florida on
Answered on Feb 14, 2019
Phillip William Gunthert's answer
While the 3% you reference is generally a statutory acceptable sums, see the statute below and read through the statute as this is just a small portion of it here; Florida Statute 733.6171

(3) Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in...

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