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Questions Answered by Phillip William Gunthert
1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: In Florida: how do I get a car that I gifted to someone & a title back from someone?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 1, 2023

You generally do not or can not because as you have stated, you have gifted it to them and put the title/transferred it into their name, this completes the transfer and gift. Your only hope would be some type of civil action with a civil litigation attorney related to some sort of misunderstanding,... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: My daughter was put on my homestead deed. I paid for home and propertry in full. She is now threatening to take it fro

from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.

Phillip William Gunthert
Phillip William Gunthert
answered on May 19, 2023

Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Mother passed away in 2015. No probate. Found out there are some accounts now with the state. Question on disposition.

No single account more than $10,000. Cumulative is about $13,000.

Phillip William Gunthert
Phillip William Gunthert
answered on May 10, 2023

It is likely that you will need a Florida Probate Attorney in order to file a Summary Administration Probate, if tends to be faster and more efficient than having to do Formal Probate that really likely would not apply to your circumstances. If so motivated, you may want to check with the clerk of... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Do I have to file a petition for Summary Administration to transfer a homestead if there are no non-exempt assets?

The only items there are are the homestead property, 1 primary vehicle and the furnishings of the house which are certainly less than $20k in value. I am only just trying to sell the house, not interested in keeping it.

Phillip William Gunthert
Phillip William Gunthert
answered on May 9, 2023

I am sorry for your loss and please accept my condolences. While you need to speak with a Florida Probate Attorney and provide additional details, the answer to your question is that you will need some version of probate if the property did not pass via the deed (rights of survivorship, enhanced... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My uncle passed suddenly and he has no will.Can I fly from Calif. with death cert. to claim his assets in Fla.w/out law

Can I, being his niece, fly to Florida with his death certificate and authorization to represent the surviving family, be able to have his assets transferred? Do I need to get a probate lawyer? I know of most of his assets, none including real estate. He had recently sold his house in Coconut... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on May 9, 2023

I am very sorry for your loss on the passing of your uncle, please accept my condolences for you and your family at this sad and difficult time. You will need to speak with a Florida Probate Attorney, if there is no Will or Trust, then the Florida Intestate Statutes will apply (without a Will). The... Read more »

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1 Answer | Asked in Business Law for Florida on
Q: Im I’m Florida and an LLC was started 2/24/2021 and never filed articles since. Status is inactive/ua

I have applied for an LLC same name just not plural and was rejected. The notice said they have one year and it looks like their time was up to be revoked 5/1/2022. Due to no filings what can I do

Phillip William Gunthert
Phillip William Gunthert
answered on May 4, 2023

The general and applicable rule is as follows: The State of Florida Administratively Dissolved Businesses will be designated with an “INACT/UA” code and will then be held for a term/time period of one (1) year from the date of dissolution or revocation. Any names that are listed by the... Read more »

3 Answers | Asked in Real Estate Law and Domestic Violence for Florida on
Q: I am a mother with 2 children and co-own a home and land with my current boyfriend. He is not their father. We co-own

a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on May 3, 2023

While the action you would have to pursue is a Partition Action, which will cost both of you substantial legal fees most likely, I would advise impressing this upon him and reaching some reasonable refinance, buyout or similar resolution without having to resort to litigation for Partition. If this... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Wife owned land in FL but lived & died in MO. MO Probate Court states I am heir to the land. How do I get a name change?

My wife, a resident of Kansas City, Missouri passed while owning property in Marianna, Florida.

The property appraiser's website reflects her property has a market value of $1,665. My wife had $20,000 in a Trust Account. My wife could not have children and does not have any other... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 27, 2023

I am very sorry for your loss on the passing of your wife, please accept my condolences for you and your family. I would encourage you to check the deed of the property, based on how the property is held, you may be able to just record a death certificate if you had/have rights of survivorship. If... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: does florida recognize other state's wills ?
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 18, 2023

Generally yes, but if you have moved to and now reside in Florida, you should go speak with a Florida Estate Planning/Probate Attorney because there are a lot of Florida Estate Planning issues that you will want to specifically look at, update and address with respect to Homestead, rights of a... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: If your both on deed in florida and not married is it correct can not sell house with out both parties consenting ???

Or can one owner put house in irrevocable trust ?? With out consent ?? How does that work ?? Is it possible??

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 12, 2023

You would want and need to have the property deed reviewed to see precisely how the property is held, based on this, will determine what can be done with the property and how it will be handled and held. Generally, if it is a Tenants in Common, that means they own 50% and they can potentially do as... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: I have an LLC owned by my trust. Does it make sense, tax purposes wise, to rent my home to my company?
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 11, 2023

Having an LLC in a Trust is a bad idea for starters, now all the assets in Trust are also exposed to any liability that arises related to the LLC. Also, renting your home to Your LLC is also a terrible idea, now your home and LLC and entire trust are exposed to potential liability and you may have... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: Do I have to waive my rights of notice of adminastration and to challenge the will to receive my inheritance ?
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 6, 2023

You should request a copy of any Will and or Trust and you should speak with a probate attorney before signing and waiving anything. If you have concerns (you mention challenge a Will), you should not be signing anything without counsel of your own probate attorney. The estate attorney works for... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My dad suddenly passed and stepmom won't file will. Has homestead, 80acres in another county plus all his assets. Can I

Do anything about that she's taken everything and acts like we don't know each other.. numerous property's, antique car collection plus....

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 23, 2023

I am very sorry for your loss on the passing of your dad, please accept my condolences and sympathy for you and your family at this sad and difficult time. Generally, much depends on whether there was a Will/Trust, was there a pre or post-nuptial agreement and furthermore, how were accounts and... Read more »

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2 Answers | Asked in Probate and Estate Planning for Florida on
Q: If an item in a will states In the event my spouse predeceases me, I give and bequeath the sum of * to my son per stirpe

What exactly does that mean? Does the son really inherit anything?

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 21, 2023

While a review of the estate planning documents/will is needed and necessary, it generally is telling you this; if the spouse dies first then the son can take that designated portion, it is an alternative backup option in the event the spouse dies first. The son only inherits if the spouse is... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: My grandparents had custody of me since I was 13. I am now 24, and they both passed away. They left have of their estate

To me. The other grandchildren are trying to protest the Will, saying they deserve something too. Can they? Am I considered my grandparents child since they had custody/guardianship over me thru the courts?

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 17, 2023

If there is a legal and valid Will that rules the day, whatever they left you in a legal Will is indeed yours, they can try to fight it and make claims, but it is likely a long losing shot on their part unless there was some sort of undue influence or such that can be proven related to the drafting... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: Hello. I was contacted today from a research firm looking for heirs to people who passed away and didn't leave a will.

I know the deceased relative and my sister and I are his only living heirs. This firm wants to handle his estate and has already sent me a document to sign allowing them permission to do so with all work done on a contingency basis. This firm has a good reputation online. Should I sign it or... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 17, 2023

You should take it to a trusted attorney from the state where this is located. These companies that do it on contingency usually want a hefty percentage and or get you to sign over all sorts of rights and sums. It also depends on what they are promising, if it is unclaimed monies turned over to the... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: If my father-in-law's name is on a camper title with my wife and I does that make the camper part of his estate?
Phillip William Gunthert
Phillip William Gunthert
answered on Mar 16, 2023

I am sorry for your loss on the passing of your father-in-law, please accept my sympathy and condolences. Generally, any assets in the name of the deceased will need some version of probate usually, you will need to speak with a Florida Probate Attorney if this is in Florida. With vehicles you will... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Both parents deceased with a WILL. only asset is 60 acres to be devided to 4 kids. All probate & survey done. Brothers

Brothers atty ready to disburse each 15 acres to heirs. Brother refuses to distribute to siblings What to do.

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 13, 2023

This matter should and usually is handled via the probate, if it cannot be handled or was not handled in probate then you are potentially stuck with a Partition action, you should try to reach agreement because partition can be costly, best to find resolution amongst yourselves via probate and... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: My father left me his property in a trust. What should I do now?

His spouse is still living in the home. I am giving her time to move but need assistance with what to do with the deed once she is gone.

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 11, 2023

Unless a pre-nuptial or post-nuptial agreement or some sort of homestead waiver was signed by the spouse, the spouse will usually have substantial rights and claims to an estate no matter what a Will/Trust or otherwise is written in many instances (so be aware of this potential reality). In order... Read more »

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: Can an owner QC the deed of their property to someone if that property is listed in their Trust to go to someone else?

If someone has an irrevocable Trust for their home that is paid off, can that person sign over a quick claim deed on their home to a different person? My mother in law passed away last year. She has a Trust that gives the house to her 3 children. However in 2020, one of her grandchildren had... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 28, 2023

A Quit Claim Deed rules the day and wins out. You will need to have any deeds as well as the Trust reviewed by a Florida Estate Planning/Probate/Real Estate Attorney. Generally, if the Deed has been transferred and named the Trust, then it is a Trust asset (owned by Trust), if the property was... Read more »

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