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Questions Answered by Phillip William Gunthert
4 Answers | Asked in Probate for Florida on
Q: I live in Indiana and inherited a vacant lot in Wakulla Co. Florida. My mom (the original owner) was also a resident of

Indiana. It’s still in her name. I want to sell it. What should I do?

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

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. Some version of Florida Probate is going to be required if the property remains in your mom's name, if a probate was done in Indiana then a secondary Ancillary Probate will likely... View More

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2 Answers | Asked in Probate for Florida on
Q: Am PR for 3 years and feel need to make attorney change. Can I lawfully seek legal consult with others before firing?

Current attorney is non-responsive with same patterns for 3 years. I need help!!

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

Yes, you will have to pay their fees and accumulated and fire them, the issue that arises is that you will also need to pay for the new attorney to get caught up and review matters and then work on progressing the probate onward from that point. You can always pay an attorney for a review and or... View More

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2 Answers | Asked in Probate for Florida on
Q: As I am PR for almost 3yrs for my late father’s estate, am I entitled to see all filings on docket for probate case?

I have requested all docs and information from estate attorney, that I hired, and still no response after 6 days. I see a hearing scheduled for tomorrow with no knowledge of purpose and see filings to judge from another heir that has no attorney.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 31, 2024

You should be getting every single document that is filed ongoing from your probate attorney if you are the named Personal Representative in the Probate Case approved as such by the judge. If you are not being updated and getting documents there is indeed a problem, this is the job of your probate... View More

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2011. I never had the deed transferred in my name. How do I get the deed in my name?

I have kept the property up and have paid all taxes and fees for the property during this time. I acquired it at the time from my 3 siblings.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2024

You will need to have the deed reviewed and you will need to see what interest if any your siblings transferred to you. If the property is in your mom's name still, some version of probate will be required, you will likely need a Florida Probate Attorney in order to accomplish this... View More

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4 Answers | Asked in Probate for Florida on
Q: Am PR for my late father’s estate for almost 3 yrs now. Difficulties working with estate attorney. Options?

Should I have legal representation to deal with estate attorney as PR and as an heir to the estate?

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2024

There should be no difficulties if you are the Estate PR for probate, the attorney works for you and the estate, if the attorney is not responsive you as the named PR, then it is likely that you should and need to get rid of the estate attorney, their duty is to represent you as the PR, if they are... View More

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

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

Maybe, probably not. If the property is in your sister's name alone, then some version of probate will be required and for this you will need a probate attorney. Your starting point is to have the current deed reviewed to see if there are any survivorship interests or other joint ownership... View More

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 26, 2024

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family at this sad and difficult time. If the property did not transfer via deed upon death, then it is likely that some version of probate will be needed and consulting with a probate... View More

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1 Answer | Asked in Estate Planning, Criminal Law and Libel & Slander for Florida on
Q: Family member has died. Family member named one person as beneficiary. Advice appreciated.

A close family member has died. Only one person was named beneficiary of the estate. The beneficiary truly loved the family member that died and took care of that family member with good intentions for a long time. Other people in the family did nothing to help the grantor when he was very sick and... View More

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

There is nothing the toxic family members can do, but if they keep it up, the person being slandered can consider getting a civil litigation attorney and filing suit against them for these behaviors, at best it may be to just ignore them if possible and hopefully they will tire, if not, then... View More

2 Answers | Asked in Real Estate Law, Contracts, Estate Planning and Probate for Florida on
Q: After a mortgage holder has died, what happens to the mortgage? Thank you.

If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More

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

The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Complicated probate

I have a very complicated situation involving probate. My mother passed and left everything to my father and then he passed and left everything to my brother and I. They passed so soon that money kept coming into the estate. Long story short, the probates were in two separate states, mo and fl,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 12, 2024

Any assets or checks not probated will need to be probated in the state of the deceased, if this is Florida, you will need to speak with a Florida Probate Attorney and you will have to indeed open probate again with the help of an attorney. You will have to provide all the details to the attorney... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Florida on
Q: My wife and I are getting a divorce she's making me high a second mortgage that's for her in what I agreef to pay her.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 7, 2024

I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More

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1 Answer | Asked in Estate Planning for Florida on
Q: I think I might have been cheated out of an inheritance. How do I find out?

My father passed in April ‘22. I’ve never been sure about what his will said, but the family deal was that we split proceeds x6. I suspect my stepmom changed her will to cut out my brother and I, dad’s only true blood. Stepmom passed this year, and I haven’t heard anything from anyone.... View More

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

I am sorry for your loss and please accept my condolences for you and your family.

Generally, a family deal or promise or similar never works out, it has to be in the estate plan (Will/Trust/Pay on Death Designation or similar).

If there was a Will and probate with your Dad's...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: Sister is living in mom’s (deceased) home and she wants 2 other siblings that don’t live ther to pay 1/3 of the mortgage

My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 30, 2024

The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More

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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Communications Law for Florida on
Q: How should I respond to being threatened by another company's VP?

I was threatened by another company's VP for "willfully and wrongfully withholding payment" and he stated that " it will fall on me and word is going to spread in the industry" if I do not pay an invoice that is 5 years old. I started working at the my company 5 months ago... View More

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

I would add that most debts in the State of Florida related to contracts have a 5-year statute of limitations attached to them, it would appear based on what you have reported and if correct, that the ability to collect this debt may have expired (thus the threats), you should review the statute of... View More

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2 Answers | Asked in Family Law and Real Estate Law for Florida on
Q: hello, i am co-owner of a home and piece of property in Citrus county. Can the co sell w/o my ok?

this is strictly a vacation home no one lives there fulltime. property was left to me and my brother in mothers will. brother died last year and his widow now wants to sell their interest in home/property. can i prevent this. thanks.

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

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. You would want to review the deed and the manner in which the property is held as a result of your mom passing and her probate. Depending on what happened in your mom's probate... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: Owner of property died in 2021. He left me a gift letter for the "value if the house". There is a mortgage and + equity

No will, no probate filed. I was the deceased domestic partner. Two heirs apparent who signed affidavits that they don't want the property

No appraisal since 8 years ago.

I have been caretaking the property for the last 3 years.

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

A copy of the letter and property deed would need to be reviewed, and some version of probate would need to be done, in addition since there is no Will, it would be an intestate estate and Florida Statutes would apply, it would have to be determined who has rights, likely any children first and... View More

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1 Answer | Asked in Contracts for Florida on
Q: I have solar panels from Meraki. I want to get out of the contract. They have not done anything that was promised.

The flat out lied to our face and nothing is as it was supposed to be. I am now paying $650/month for something that was supposed to be a couple hundred a month and the price just keeps rising.

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

If there are two things you can be sure of based on complaints alone here on AVVO, it is never buy solar panels and do not buy property where there is an HOA, the array of headaches and complaints is endless based just on what you see here posted day in and day out. You should start by filing a... View More

1 Answer | Asked in Small Claims for Florida on
Q: I live in FL, could I sue a mechanic for refusing to refund a $400 deposit due to him no-showing to our appointment?

This is a mobile mechanic, there was no written agreement but more so a verbal agreement that he'd show up to work on my vehicle on Sunday at 9am, he barely answered any calls or texts throughout the day, I advised him that if the work didn't get completed on Sunday, my car would be... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 11, 2024

If so motivated you can take him to small claims court and file a lawsuit there in the county where this took place, if you are motivated you can handle it all yourself, just know the time and cost involved (filing fees, service of process and your time and effort), whether the $400 is worth the... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: When there are 4 people on deed to house can a person now sue for there money back if no contract was signed
Phillip William Gunthert
Phillip William Gunthert
answered on May 30, 2024

Yes, and you should try to avoid this outcome as it will take time and cost money to pursue what is called a Partition Action (Partition of Real Property), see Florida Statute 64 for specifics. I would encourage you to find amicable resolution outside of forced partition, if possible, in order to... View More

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2 Answers | Asked in Family Law, Estate Planning and Elder Law for Florida on
Q: My father signed a new will several times. We were unable to have it. notarized or witnessed. He is dying. Thank you.

We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.

Phillip William Gunthert
Phillip William Gunthert
answered on May 27, 2024

I am very sorry for father's illness and his health struggles ongoing. There will be a serious issue with such a Will in Florida, it will not be a valid Will as it does not meet the Florida Statutory requirements of F.S. 732.502 (you can look it up online), what you have described without any... View More

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