Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Phillip William Gunthert
2 Answers | Asked in Estate Planning for Florida on
Q: DOES SOMEONE WHO MOVED TO FLORIDA BUT ONLY HAS ASSETS IN PUERTO RICO NEED TO ABIDE BY FLORIDA INHERITANCE LAWS OR ONLY P
Phillip William Gunthert
Phillip William Gunthert
answered on Feb 24, 2024

Generally, any assets and real estate in Florida will be handled in accordance with Florida Law and any assets in Puerto Rico will be handled in accordance with Puerto Laws if a probate ever becomes necessary at some point. The main probate will be done in the state where the person is a resident... View More

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: Can my attorney threaten me with fees for asking questions about the case?

When I asked for a few minutes of his time to go over his last update on the case, he replied with a time and a statement that my retainer amount expired (which I paid two weeks prior) and that fees have accrued (although no event occurred between the payment time and the email sent). I asked what... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 19, 2024

Every attorney is different and every fee structure is different, it also depends on the type of legal help you are getting, probate, civil matter and litigation, real estate, etc., so it depends, the engagement contract should be clear on what is and what is not included as well as the hourly or... View More

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: If I have a living revocable trust and my husband passed away and I'm on the warranty deed as as well as a quit claim

I have a warranty deed with my name and my husband's name on it he has passed then I also have a living trust revocable that has a quick claim deed in it to me with me and my husband and on another page of the special directive it says for the step kids that I may live here until I moved or... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 14, 2024

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with and consult with a Florida Probate Attorney, based on when the deeds were done and precisely what they say will have some... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: I am on the Warranty deed a and a quit claim deed in a revocable trust and the husband passes away do I have sole owner

Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 13, 2024

You would have to have both the Trust and the Deed reviewed by an estate planning/probate attorney. Generally, it sounds like you only have a life estate, that said, unless you signed a pre or post-nuptial agreement, you would have substantial rights related to your Homestead Property no matter... View More

View More Answers

2 Answers | Asked in Probate for Florida on
Q: Should I get a fl attorney during probate in Missouri.?

I am bio daughter living in FL and mother passed 4 days ago. Brother in Missouri has taken executor roll from my Aunt whom was named by mother 1st. I am getting very minimal information except that her estate is larger amd more complex than thought. Several ins policies and banks ect. Should I get... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 6, 2024

I am very sorry for your loss on the passing of your mom, please accept my condolences at this difficult and sad time for you and your family. 4 days is not a very long time, and it will take some time to get the probate going and find an attorney. You should not expect much information within this... View More

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If someone listed in a Will has passed, does their portion go to their son or split between the remaining beficiaries.

My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 5, 2024

I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More

1 Answer | Asked in Estate Planning for Florida on
Q: My question is about will versus trust estate planning. Trust planning is much more expensive than a will.

But trusts do help avoid probate costs. If nearly all my assets (property, bank/retirement accounts) are already set to beneficiaries I chose - except my car, do I really need a costly trust instead of a less costly will? Is a trust really for a person that has assets that are not already secured... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 4, 2024

A Trust and related estate planning allows you to indeed avoid probate and save a substantial amount of time, headaches and money if a probate is eventually needed. Even if you have a Trust and you do not timely draft, execute and update it you may find yourself in probate anyway. In addition, I... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 3, 2024

You should speak with the Trustee of the Trust and review the deed of the property, if the property is already in the Trust, the Trustee should be handling this lease, if the property is outside of the Trust, it should be handled by the Personal Representative (Executor) in the probate, if the deed... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Is My Mother Responsible for Paying My Deceased Father’s Medical Bills?

My father recently passed away. He was hospitalized for one year, and his health insurance was not able to cover all of the medical costs. Now, my mother is faced with more than $30,000 in medical bills which she is unable to pay. Is mother responsible for paying my deceased father’s medical... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 2, 2024

I am very sorry for your loss on the passing of your dad, please accept my condolences. The answer to your question is generally "No", you will want to contact and speak with a Florida Probate Attorney as well. As long as your mom did not sign anything and obligate herself to the medical... View More

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My Dad recently passed away, he had a will and I was appointed the executor.

The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 29, 2024

I am very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. You will need and want to contact a Florida Probate Attorney, based on the type of assets and the overall value will determine the type of probated that... View More

View More Answers

2 Answers | Asked in Elder Law and Probate for Florida on
Q: My mother owns a home and is the only one on the deed & is in hospice with end stage Alzheimer’s. My stepdad died.

Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 23, 2024

I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More

View More Answers

1 Answer | Asked in Estate Planning for Florida on
Q: If I paid a lawyer a retainer fee to help me and my nephew with an estate is he the client or am i
Phillip William Gunthert
Phillip William Gunthert
answered on Jan 17, 2024

While you may pay for the attorney, it should be clear in the engagement contract whom they are representing in the probate or applicable matter. Are you or your nephew the estate Personal Representative, the trustee of a Trus, an interested party or beneficiary, also, at what point do your... View More

1 Answer | Asked in Probate for Florida on
Q: How long does the executor of a will and their legal representative have to file the will with the probate court ?

The deceased passed away in October of 2023 as of today no probate has been established nor has the will been filed with the clerk of courts in the county decedent lived in.

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 17, 2024

I am sorry for your struggles, in accordance with Florida Statutes, a Will must be submitted to the clerk of the court in the county where the person was a resident within 10 days of passing (hardly anyone ever does this for a variety of reasons, but it is the law). In Florida the Executor is... View More

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am PR, hired estate atty, been in probate over 2 yrs now as delays continue. Options??

2-3 months at times between responding parties (other 2 parties each with own attys - 3 parties total) communications and status updates. When I inquire ... "I'll let you know when I hear something." 3rd petition for extension has to be filed, again.

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 15, 2024

Until and unless another Probate Attorney can review the status of things and what possibly the holdup is after 2 years, it is hard to say. If you are not happy with your attorney, then consideration of a new one would possibly be in order, but that would be extra cost to you for time and review... View More

View More Answers

2 Answers | Asked in Probate and Estate Planning for Florida on
Q: Where do I get online access to revocable trust document/information and probate information for a deceased parent in FL
Phillip William Gunthert
Phillip William Gunthert
answered on Jan 12, 2024

Any documents that you are seeking related to a Will and or probate commencement you can check online or contact the clerk of the court in the Florida County where they were residents, you can get copies of these documents through the clerk, if you are an interested party, beneficiary, you should... View More

View More Answers

1 Answer | Asked in Probate for Florida on
Q: After florida probate my sister has inherited our aunts home. We are listed as heirs as persons of interest.

She has abandoned this home. What can we do. It's in her name only. In Tallahassee fl. 2011 last time she was there. House vacant.

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 10, 2024

You should have the probate order and deed reviewed, but if she was given the home for life or entirely via deed and does not want the property, then she can or should potentially deed the property to you via some deed. In addition, you need to make sure that any mortgage is being paid, property... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: Can an executor and beneficiary of a will sell an asset (house) of the will and receive 3% commission on the sale?

Seems like a conflict of interest.

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 6, 2024

An Executor (called Personal Representative in Florida), is entitled to 3% of the estate value for their role, if they are a real estate agent and it is agreed that they get 3% in that role, that would likely be fine as well. The real issue is that the property may or may not be qualified as part... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can a non-Florida resident that is an Ex-stepchild be an executor of a will in Florida?

The stepfather and mother of stepchild divorced decades ago. The once stepfather passed away and left the once stepdaughter executor of a Florida will. The once stepdaughter lives in California. Can she still be the executor of the will?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 6, 2024

You will have to provide more details and information and speak with a Florida Probate Attorney in order to get a more detailed answer based on your precise circumstances. If the stepdaughter was adopted this will resolve the issue. Generally, it is difficult for a non-resident of Florida to... View More

2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: I am living in a gated 55 plus community where I was willed the estate a 74 year old man whom I was his live in caretake

Live in caretaker, although I'm 41, the mobile home park knew I was there for 2 years, they accepted my first lot payment, refused my 2 nd one which I have proof I tried to pay it. Then through Atlas law group out of Tampa they served me an eviction letter and for a month straight I was... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 2, 2024

This is and will be a Florida Probate matter that will need to be addressed with the help of a probate attorney, the attorney will let you know the type probate that will be required and how to address any of your concerns and issues. The Will should be copied and reviewed by an attorney, the... View More

View More Answers

2 Answers | Asked in Probate for Florida on
Q: Florida death. Zero assets. Im named Executor, but No plan to file will. How to cash $600 check made to Estate of?

I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 29, 2023

I am very sorry for your loss and please accept my condolences. There is no requirement to pursue, file or do a probate whatsoever, no one is obligated to do so and any interested part if so motivated can file for a probate. One obligation that does exist whether you file a probate or not is to... View 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.