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Questions Answered by Phillip William Gunthert

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 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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2 Answers | Asked in Probate for Florida on

Q: Then why are they saying we have to go through probate? They were married until she died in 2008. Thanks, Linda

Phillip William Gunthert answered on Jul 26, 2019

You likely need to provide more information to a Florida Probate Attorney in order to get specific feedback on the estate and what needs to be done to transfer any property. At times it is easy, if done timely and efficiently and correctly, at other times things drag on and are more difficult if... Read more »

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1 Answer | Asked in Real Estate Law and Construction Law for Florida on

Q: Want to become a general contractor (FL) to get a permit for dad to build houses. What are the risks?

I reside in NYC. I want to take the test to get the general contractor license in Florida. Then I want to apply for a permit for a family friend to build houses. What are the liabilities/risks for me? I'm thinking of establishing an LLC to be more protected.

Phillip William Gunthert answered on Jul 23, 2019

You definitely need to create a business entity (LLC would be a great choice). I would strongly advise you to work with an attorney in order to create the LLC, create the LLC Operating Agreement, understand liability protection and how you need to go about it in order to maximize the liability... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on

Q: My father passed and the mortgage was under his name . My mom is on the deed and has not told the mortgage company

Scared to tell the mortgage company because she can’t refinace the loan in her name.

Phillip William Gunthert answered on Jul 21, 2019

Very sorry for your loss and the passing of your father, please accept my condolences. Your mother will not have to refinance the property, there are substantial protections in place as it relates to homestead rights and spousal rights and protections under the Garn St. Germain Depository Act as... Read more »

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3 Answers | Asked in Estate Planning and Tax Law for Florida on

Q: My mom and brother are my beneficiaries. If I die first, money goes to Mom. If she dies, will my step-father inherit?

I want to make sure that my step-father, who is legally married to my Mom inherits nothing.

Phillip William Gunthert answered on Jul 19, 2019

It is possible that precisely what you are trying to avoid can happen if you do not properly review, address and prepare your estate plan with an estate planning attorney. If you want to be sure that your mom receives assets and income and support throughout her life in the event of your passing,... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on

Q: If I wait two years to administer my late husbands estate, will I bypass creditors and his estranged son?

I have enough funds to pay my bills for a few years and would rather not go through probate or contact his son whom he hasn’t seen in 20 years. I am sure he does not even know he died. The estate is worth over the 75k max for simplified probate .

Phillip William Gunthert answered on Jul 18, 2019

Very sorry for your loss and the passing of your husband, please accept my condolences.

After two years you can file a summary administration and creditor claims are generally barred. I will note, if there is a Will then it does not matter, the assets will be distributed in accordance with...
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1 Answer | Asked in Consumer Law and Small Claims for Florida on

Q: Hi, I am looking to hopefully resolve an old Credit card judgement against me that was filed in 2007 in Florida,

I live in the UK now, and I am hoping to resolve it as I am planning a vacation to Florida but I am aware there could be a bench warrant for me as I couldn't attend the hearing. I work part time and can only afford the original amount but I am willing to pay monthly should discover card be willing,... Read more »

Phillip William Gunthert answered on Jul 18, 2019

There is no bench warrant out for you for a credit card financial judgment, the judgment is good for 10 years and then 10 more if renewed. You may want to start by looking up the case online with the clerk of the court in the county where you lived and see what it says, you can also call the clerk... Read more »

2 Answers | Asked in Estate Planning for Florida on

Q: someone i have had a disagreement with has my power of attournrey. ihave moved to fl from tn. the poa was made in tn.

what do i need to do to cancel this poa?

Phillip William Gunthert answered on Jul 9, 2019

You need to create a new power of attorney and notify any institutions or other parties that the prior/previous POA is no longer valid and that this new POA is the only one that they should recognize and accept. When you create a new POA, it usually always nullifies and previous POA documents... Read more »

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1 Answer | Asked in Collections for Florida on

Q: What happens if I fail to apear for a smalls claims mediation in Lake County florida

Phillip William Gunthert answered on Jun 26, 2019

They will get a default judgment most likely and they win, then they will start the process of trying to find out about your assets and work towards trying to garnish your accounts and employment pay. It is advised that you attend the mediation, do not let them bully you, do not sign anything you... Read more »

2 Answers | Asked in Real Estate Law and Probate for Florida on

Q: Mom passed no will. I live in house and pay everything. My brother forced his way into house wont leave and pays nothing

He owes irs over 200000$ and wants to threaten me that he wants to sell and get money. Dont i have rights? Before he came i ran ad in paper. Nobody responded. Now im ready to transfer deed to my name. Its been 10 years since mom passed

Phillip William Gunthert answered on Jun 20, 2019

You need to have the deed reviewed in order to see how the property was held, if the property did not pass by operation of law based on how the deed was titled, then it is likely that some version of probate will be necessary in order to pass the property on to the legal beneficiaries in accordance... Read more »

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1 Answer | Asked in Business Law for Florida on

Q: What do I have to do to put a condo I own in Florida into a LLC from Purto Rico

Phillip William Gunthert answered on Jun 14, 2019

You really will need to get hold of a Florida Business Attorney. The LLC would have to be registered with the Florida Department of State for starters. Then you would need to look into all the details related to the property, insurance (is there a problem once it is transferred into an LLC),... Read more »

3 Answers | Asked in Estate Planning for Florida on

Q: Entering fathers home during probate.

My father was found dead in his home in Florida. He had been dead for 6-7 days. The home had to be “tented” to get rid of smell. The home now needs cleaned of all the millions of bugs the fumigation did, and to have carpet ripped out, clothes thrown out, etc, to help with smell and appearance... Read more »

Phillip William Gunthert answered on Jun 12, 2019

Very sorry for your loss on the passing of your father, please accept my condolences. You should not feel bad if you are able to gain access and do the work yourself, I would encourage you to track all expenses related tot he property and the estate as well as create a list of the entire inventory... Read more »

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3 Answers | Asked in Real Estate Law for Florida on

Q: Life Estate quit claim deed question

A relative recently passed away and I inherited property through a Life Estate quit claim deed and I am listed as one of the rems, what's next? Is it all automatic or do I have to bring certain documents to certain people? orange county Florida.

Phillip William Gunthert answered on Jun 12, 2019

Very sorry for your loss and the passing of your relative, please accept my condolences.

You will want to speak with a Florida Probate Attorney. You will want to send the attorney a copy of the deed for review and you will need to determine if a probate is necessary. Depending on the type...
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2 Answers | Asked in Collections for Florida on

Q: My mom passed away in Florida in February of this year. She died intestate and with a legally insolvent estate.

My mom's income each month was an IBM survivor's pension (~$1000), Social Security (~$1000), and a Veterans Admin "Aid and Attendance" assisted living pension (~$1300).

As I understand Florida law, all of these sources were protected from creditors. She was living in assisted living before... Read more »

Phillip William Gunthert answered on Jun 2, 2019

Very sorry for your loss and please accept my condolences.

As you have stated, there are no assets and you have not co-signed on any debts. There is no responsibility or requirement to open a probate ever. You can comfortably and entirely ignore all creditors, they are out of luck and have...
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2 Answers | Asked in Contracts, Business Law and Education Law for Florida on

Q: Greeting, How can I get a service from a lawyer for free of charge? Thank you very much.

Phillip William Gunthert answered on May 31, 2019

Contact the Florida Bar or your county bar association and if you qualify they will likely refer your case to one of their pro bono attorneys, at times individual attorneys take cases on as well for people in need based on the case, issues and circumstances.

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1 Answer | Asked in Probate for Florida on

Q: I am on a fixed income. My friend passed. I'm told I need the will probated

Phillip William Gunthert answered on May 11, 2019

I am very sorry for your loss and the passing of your friend, please accept my sympathy and condolences at this difficult time. In Florida you will need to get a Florida Probate Attorney in most circumstances in order to help you out and to file the probate. If you are named in the Will as the... Read more »

2 Answers | Asked in Probate for Florida on

Q: My mom died a week ago and left no will. I am the firstborn of two to my mom. How can I switch deed to my name?

Phillip William Gunthert answered on May 3, 2019

I am very sorry for your loss on the passing of your mom, please accept my condolences and sympathy at this difficult time. You are going to need to contact a Florida Probate Attorney, depending on the type of assets and the value of the assets will determine the type of probate that will have to... Read more »

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2 Answers | Asked in Elder Law for Florida on

Q: I came to FL from Mass. FL is now my home. Is my Mass will valid in FL

Phillip William Gunthert answered on May 2, 2019

Yes it is, but you should definitely have it reviewed because Florida homestead and spousal rights are substantial and power of attorney laws are strict and other laws have changed as well. So, while it would be valid, it may be valid with limits. I would review it with Florida Probate Attorney .

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1 Answer | Asked in Estate Planning for Florida on

Q: My husband wants to leave his half of our modest estate to his children from his first marriage. Can he do this?

We have both worked throughout our marriage (22 years) with approx. 50/50 contribution to net worth. I am still working, he is not (he is 61). He has placed many of our investment accounts in his name only (he manages our money). Since I am working I feel like I'm funding his children's... Read more »

Phillip William Gunthert answered on Apr 25, 2019

He may think that he can do that but under Florida Law you have substantial rights as a spouse and or as a surviving spouse as it relates to your homestead, at minimal you will be entitled to a life estate in the home or you can force a sale and collect 50% of the value, also, as a surviving spouse... Read more »

2 Answers | Asked in Real Estate Law for Florida on

Q: I co own a house, I and my friend are both on the deed. I want to sell, my friend does not, what can I do to get a sale

Phillip William Gunthert answered on Apr 22, 2019

You are looking at a Forced Partition, think about, time, money, headaches and usually a decreased value on what you will get on the property if it is auctioned off on the court house steps, it would no doubt be far better to try to work together and reach a reasonable resolution in order to buy... Read more »

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