Questions Answered by Phillip William Gunthert

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...

Q: Can a home of a deceased without a will be sold without probate?

3 Answers | Asked in Probate for Florida on
Answered on Feb 14, 2019
Phillip William Gunthert's answer
Maybe, probably not. You will need to speak with a Florida Probate Attorney. It will depend on what the deed says and how the property is titled and if it can transfer based upon how the deed is presently held. For example, is it held by a husband and wife (Florida Tenancy By The Entirety), then it can likely pass outside of probate or if the deed is held in some manner that allows transfer upon death. So, a starting point will be getting a copy of the deed or having a probate attorney get and...

Q: My wife has passed away no will she was in the middle of a law suit how do I go about setting up a estate account

2 Answers | Asked in Estate Planning for Florida on
Answered on Feb 12, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your wife, please accept my condolences and sympathy at this difficult time.

You will need to contact a Florida Probate Attorney, based on the type of assets and size of the estate will usually determine the type of probate, in this instance, since there is a current or ongoing lawsuit, it is likely you will need to do a Formal Administration, you as the surviving spouse would be the person to apply to become the Personal Representative in a...

Q: Can you provide Summary Administration representation and provide the associated cost information? See below.

1 Answer | Asked in Probate for Florida on
Answered on Feb 11, 2019
Phillip William Gunthert's answer
Costs vary dramatically from law office to law office and can be hourly $250 to $450 or more, or some offices will work with you based on a flat-fee or there are Florida Statutory fees that are deemed acceptable, roughly 3% and so forth. Also, if probate has been completed, an Ancillary Probate may be applicable in Florida as well as an option. The reality of the situation is that cost can vary drastically and it will be necessary to review precisely what needs to be done by any attorney...

Q: I'm the sole heir. My mom has 2 properties. She has a will leaving everything to me but I'm not on title. What do I do?

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Answered on Feb 10, 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. You are going to need to contact and work with a Florida Probate Attorney. Any property that is in the name of the deceased person alone, will have to be probated. There are special rules and protections that apply to Homestead property and while an additional filing with probate is required, homestead property is particularly protected and special rules apply and will not...

Q: Do you have to vacate a property when given a 10 day notice if the property is in the name of a trust?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 7, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your father, please accept my condolences and sympathy at this difficult and sad time. It is likely a preliminary bluff, it will take a lot more than just some generic letter to get you to vacate a property. I will add, any costs in removing you, if legitimate, will likely come out of the trust and or your share if proven valid or you may even be forced to incur those costs if you are not legally and rightfully in the home/property. 2 of 5 trustees is...

Q: In Florida, if one prints POA and will forms from the Internet, has them notarized, are they legal documents?

1 Answer | Asked in Estate Planning for Florida on
Answered on Feb 4, 2019
Phillip William Gunthert's answer
I would encourage you not to do it that way. Power of Attorney went through substantial changes in recent years and many, if not most of the online forms are very generic, meaning they are made in accordance with the old laws, this means that many institutions will not accept them or they are simply not legal and enforceable for all the purposes and needs that you may have related to your precise circumstances. Generally speaking, the forms created online could and likely would be valid to some...

Q: I was wondering if a quick claim deed is put in place does it trump a trust or a will?

2 Answers | Asked in Real Estate Law for Florida on
Answered on Jan 30, 2019
Phillip William Gunthert's answer
The Quitclaim Deed rules the day. You cannot put a property in a trust unless you title it in the name of the trust, otherwise it is not a completed transfer to a trust. If you list the property in your will and there is already a Quitclaim Deed in place, again, the property has already been titled to the named person/s on the Deed and Will would have nothing to transfer to beneficiaries.

Q: How do you find out a deceased persons debt

2 Answers | Asked in Probate for Florida on
Answered on Jan 22, 2019
Phillip William Gunthert's answer
Usually, when you file probate you also do a notice to creditors in the paper, the creditors will come to you through the court process for probate through this notice. You will also want to check the mail of the deceased, all of the bills and collections usually show up there relatively soon.

Q: Does a will have more legal authority than ownership?

2 Answers | Asked in Estate Planning and Landlord - Tenant for Florida on
Answered on Jan 17, 2019
Phillip William Gunthert's answer
You really would need to provide additional details and informaiton (like a copy of the Will and how the property is presently titled), that said, generally speaking, it sounds like you are being given a life estate in the property possibly, this means that you are allowed to live in the property for your life in accordance with the terms of the Will/Estate Plan that is set up. If the other individual becomes the owner and the Will and or your right to stay and live there is not clearly set up...

Q: Does my sister have to give me my mother's(father died 3 months earlier) probate lawyers name?

1 Answer | Asked in Estate Planning and Probate for Florida on
Answered on Jan 14, 2019
Phillip William Gunthert's answer
Yes, she should, unless she is trying to hide something. A Probate Attorney does not represent the beneficiaries but rather represents the Personal Representative and the Estate of the Deceased, this does not necessarily include the best interest of the beneficiaries. Therefore, you may or may not get many responses or much information from the attorney without your own representation by legal counsel. As a courtesy as well as a real obligation, any attorney doing a probate should keep all...

Q: I would like to sue a big Swiss phone shops chaine, for $ 2'500, who sold me June 18. 2018 a smart phone Nokia 6,

2 Answers | Asked in Consumer Law for Florida on
Answered on Jan 13, 2019
Phillip William Gunthert's answer
You could potentially take them to small claims court in the county where you live, or at least threated to do so and see where that gets you. At this juncture, I presume you just want your $2500 back (by the way, that is a lot for any phone), most county small claims courts go up to $5,000 and that is exclusive of attorney fees, court costs, etc., which means you can get that on top of it. I am not sure how easy or likely that it will be that you would be able to collect on this debt even if...

Q: What happens when someone dies while beneficiary dies during probate?

2 Answers | Asked in Probate for Florida on
Answered on Jan 13, 2019
Phillip William Gunthert's answer
Very sorry for your loss on the passing of your grandfather and your mother, please accept my condolences.

In many instances a probate will have to be opened for your mother as well, this is because the money from your grandfather's estate will be made out to your mom, since she is not alive, you will not be able to cash the check/s and you will have to open a probate based upon the amount of money that she is to receive. Usually, if it is $75,000 or less, you can pursue a Summary...

Q: My spouse dies and has no will but she has a sibling from previous marriage? spouse’s sibling rights upon death?

3 Answers | Asked in Probate for Florida on
Answered on Jan 10, 2019
Phillip William Gunthert's answer
When someone dies in Florida and they do not have a Will, then the Florida Intestate Statutes (without a Will) are applicable. Generally speaking, if there is a surviving spouse and there are no children, then the surviving spouse inherits the entire estate. The only time that more distant family and relatives may inherit, is when there is no surviving spouse or children. When there is a surviving spouse, generally, a sibling will have no rights in probate. I would encourage you to speak with a...

Q: My sister died not leaving a will. She had a mortgage on her home. And a car. Is there a. LEgal way for me to follow her

3 Answers | Asked in Probate for Florida on
Answered on Jan 10, 2019
Phillip William Gunthert's answer
A Florida Probate is going to have to be commenced. When a person passes away without a Will, then they are deemed to be intestate (without a Will) and the Florida Intestate Statutes will apply to her assets and estate. Generally speaking, if a person dies without a Will, then their spouse and or children usually have rights to the estate, if there are none, then the parents, if no parents, then siblings. If none of the above are alive and you are the only sibling, then you should look to open...

Q: who shares in my estate

3 Answers | Asked in Estate Planning for Florida on
Answered on Jan 13, 2019
Phillip William Gunthert's answer
Your Will usually determines who will receive what upon your passing. There are some exceptions to this if you have a surviving spouse, a spouse is usually entitled to a portion of the estate (known as an elective share) but they are also entitled to live in the homestead or claim a portion of it if they decide to sell it. If there is no surviving spouse, then your Will usually determines precisely who will receive what, along with any specific instructions that you give with respect to lump...

Q: How long does probate generally take? I'm visiting Florida for a week to handle my father's affairs. Is that enough time

3 Answers | Asked in Probate for Florida on
Answered on Jan 10, 2019
Phillip William Gunthert's answer
No, probate takes usually at least 3-4 months to 9 months or longer and depending on the estate size and issues it can be longer. The type of probate that has to be filed will impact the time as well. The good news is that you do not need to be in the state to handle probate and you can work through a Florida Probate Attorney from afar.

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