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Questions Answered by Phillip William Gunthert
2 Answers | Asked in Probate for Florida on
Q: Brother died. ins.insurance says to Estate of. For $2,000.00. I am only heir and not beneficiary. Is Probate needed?

I was his Legal Guardian and he lived with me. There was never an estate. Someone must have done it as he needed care all of his life.

Phillip William Gunthert
Phillip William Gunthert answered on Jan 14, 2022

Very sorry for your loss on the passing of your brother, please accept my condolences. Since the check is made out to the estate of your brother you will need to pursue some version of probate. If this is the only asset then you may be able to get the accomplished by filing yourself for Disposition... Read more »

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3 Answers | Asked in Child Custody and Probate for Florida on
Q: My ex husband just passed and owes $15,000 in back child support. Can this be recovered?

There were restraining orders in place as he was found guilty of sexually abusing our son in family court and I had full custody. I am not in contact with his wife or family but I know that he was receiving social security benefits as he was terminally ill and owned a business. I spoke with a good... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 14, 2022

Maybe, it depends on whether there is a probate and what assets exist that are probated. You would make a claim against the probate estate and if there are enough assets then you could possibly get reimbursed. You will want to check with the clerk of the court in the county where he lived to see if... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: My husband died recently. He did not have a will. Will his death certificate be enough to sell the house.
Phillip William Gunthert
Phillip William Gunthert answered on Jan 10, 2022

I am very sorry for your loss on the passing of your husband, please accept my condolences. The answer to your question is maybe. You will want to get of the property deed and review it with the help of an attorney/probate, if the property was held as tenants by the entirety (husband and wife) the... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: own a home in Florida and would like to name a relative who lives in Puerto Rico as second on Deed of home.

To make it possible for this person to either refinance or sell home after my passing.

Phillip William Gunthert
Phillip William Gunthert answered on Jan 10, 2022

You will want and should speak with a Florida Estate Planning Attorney, just adding a relative to a deed can be problematic based on what you have described, you may want to discuss with an attorney the option to add the relative via an enhanced life estate deed (ladybird deed) instead as an... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: My mom died on June 17 I’m staying in her house. I have been paying the mortgage on time her husband was alive he passe

her husband was alive

he passed away 2 days ago. now have my mother's will leaving me everything. I and her husband got along so he continued to stay but I was paying the mortgage. ok, now that he has passed I hear talk of his kids wanting my mother's house she is not their mom.... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 27, 2021

I am sorry for your loss, please accept my condolences. You have a few issues going on here and they will likely have to be addressed one at a time. You will want to get a copy of the property deed and have it reviewed based on how title to the property was held. If the property was homestead, then... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I am a low income senior and can't find anyone to notarize the will I created on-line. Who can help me?

I was told there is a new law in Florida stating citizens must use an attorney for notarizing wills. Is this true?

Phillip William Gunthert
Phillip William Gunthert answered on Dec 27, 2021

No, that is not true, you should sign the will with two witnesses and get it notarized, the notary need not be an attorney and there is no such law that you are referencing above.

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1 Answer | Asked in Estate Planning for Florida on
Q: How long does my son’s estate have to be held by a lawyer?
Phillip William Gunthert
Phillip William Gunthert answered on Dec 24, 2021

You will need to provide additional information and details, is this related to a Will and Probate or is it related to a Trust, also, unless the attorney is also the Personal Representative of the probate estate or the Trustee of the Trust, the attorney should not be holding anything for any... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: My husband had just set up his trust. He hadn’t done his will yet. He passed away suddenly.

His trust lawyer said I needed to hire an estate lawyer for my 11 year old son (at the time). How long does that lawyer control my son’s money? He is now 15.

Phillip William Gunthert
Phillip William Gunthert answered on Dec 24, 2021

It is not even sure that the attorney controls anything, the Trustee of the Trust controls what happens based on the terms of the Trust document, if the attorney is the Trustee, then he will serve in that role, but he must act in accordance with the terms of the Trust. You will need to get a copy... Read more »

1 Answer | Asked in Probate for Florida on
Q: Hi I just need some answers. Ok my ex mother in law passed away about 1 yr ago. She had a will and she left the house

To her daughter the next is her son. Ok no trustee and son is in prison and daughter is a felon Junkie. No job I just need to know. Can she get the deed transferred in her name ? Can she sell the house without going through probate she just wants the money. And the son doesn’t want to sell... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 18, 2021

Probably Not, you will want to get a copy of the current deed and see how the property is precisely held, it is possible that based on how the deed is held that the property might transfer more simply. The daughter would have to be named on the deed with rights of survivorship, for example (joint... Read more »

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father passed a few months ago and only listed my little sister on the policy. I am his first born son. Any help

Can I get help with recovering any of the policy payout.

Phillip William Gunthert
Phillip William Gunthert answered on Dec 17, 2021

I am very sorry for your loss on the passing of your father, please accept my condolences. The only assets that will go through probate are the ones in your father's name alone. If a probate has not been done and there are any assets of this type, they will be handled at that time via the... Read more »

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2 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida on
Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help

Phillip William Gunthert
Phillip William Gunthert answered on Dec 16, 2021

I am very sorry for your loss and the passing of your mom, please accept my condolences. You will want and need to get hold of a Florida Probate Attorney, it will be important to get a copy of the property deed as well as a copy of the Will to the attorney to review it. The original Will you need... Read more »

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3 Answers | Asked in Business Formation, Contracts, Mergers & Acquisitions and Probate for Florida on
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT

DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE

Phillip William Gunthert
Phillip William Gunthert answered on Dec 15, 2021

I am 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. The answer to your question is unknown, but probably not until you pro vide more details and specifics. You will need to start by getting a copy of the current... Read more »

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3 Answers | Asked in Estate Planning for Florida on
Q: I became a resident of Florida. Will the irrevocable trust, which i had done in NY, be binding in the state of Fl?
Phillip William Gunthert
Phillip William Gunthert answered on Dec 11, 2021

While the answer to your question is generally yes. You will likely want to review the Trust and have it updated for the State of Florida if this is now your state of residence and domicile. Unless there is a particular reason or the majority of your assets in NY, you likely need to update it. If... Read more »

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2 Answers | Asked in Collections for Florida on
Q: Am I responsible for a credit card debt that is solely on my wife name ? Also can the merchant go after my name ?
Phillip William Gunthert
Phillip William Gunthert answered on Dec 4, 2021

NO, you are not responsible for the debt and they cannot try to collect from you or harass you even. If they do, you can contact a consumer attorney and turn it around on them. Debts solely in one spouse's name like a credit card does not transfer to the other spouse. If the merchant or... Read more »

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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: How to add my sister and my name to the title of a property after my mother passed away.

The property is owned by my mother, aunt and uncle. All of the them are on the title. My mother passed away in 2016 without a will. For clarity, there are no family issues and my aunt and uncle agree that my sister and I should be added to the title in place of my mother who passed away. What steps... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 25, 2021

You will want to start by getting a copy of the current property deed and have it reviewed by a probate attorney/real estate attorney, the property may pass based on how the current deed is held. If this is not the case then some variation of probate will likely be needed and you will need a... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: What does it mean to remove from an estate by petition? Ex: if the homestead is removed from the estate by petition?

Setting up attorney agreement for estate management/settlement in Florida. The house is left directly to someone in the Will, but the attorney agreement states, "If the homestead is removed from the estate by petition, it will still be included in the value of the state for fee... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 23, 2021

You should speak with other estate planning attorney's as they bill by the hour or flat-fee for both estate planning and or probate if it is needed. This is a garbage fee if I am understanding it correctly. Florida Law specifically states that the Homestead Property shall not be included in... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Is a date of death appraisal ever used with heirs who are disputing value when a house is in probate?

I was the partner of the deceased and also had a large financial investment in the home. The house was titled in both of our names, but unfortunately it was titled tenancy in common. I have approximately $300,000 invested and my late partner had approximately $5,000 invested. I would like to use... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 10, 2021

I am sorry for your loss on the passing of your partner, please accept my condolences at this difficult time. Normally a probate property should/must be appraised within 6 months of death. With both of your names on the property as 50/50 owners, your partners half will have to go through probate... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: My wife's father died in Ft Myers FL, 3 yrs ago. His attorney was William Meeham who passed away last yr.

What attorney took over Mr Meeham's files as we have an estate question about a CD in my father-in-law's that the bank won't transfer to his surviving spouse?

Phillip William Gunthert
Phillip William Gunthert answered on Nov 5, 2021

You will likely need to speak with a new Florida Probate Attorney and they can answer or re-open the probate estate if needed and if the issue cannot be resolved without re-opening the estate. If this is a newly discovered asset, will need to be addressed by the probate court, if the asset was... Read more »

2 Answers | Asked in Probate for Florida on
Q: How can you claim a deceased person when u have a handwritten letter from them
Phillip William Gunthert
Phillip William Gunthert answered on Nov 5, 2021

I am very sorry for your loss and please accept my condolences at this difficult time for you and your family. It is likely that you will need to speak with a Florida Probate Attorney, if you do not have a Will and or similar estate planning documents that apply and can be used you are likely stuck... Read more »

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3 Answers | Asked in Probate for Florida on
Q: I am in need of probate help for my brother who passed away without a will. He has a house with a mortage of 65,000.

Is it possible for a person to file probate themselves and not use an attorney?

I do not have $4,000 and that seems to be what everyone charges.

My brother was not married and no children.. Next of kin is our mother who is 98 yrs old and I have her POA.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 4, 2021

I am sorry for your loss and the passing of your brother, please accept my condolences for you and your mom and your family. When there is no Will then the Florida Intestate Statutes (without a Will) are going to apply. Some law offices will work with you based on your circumstances and allow you... Read more »

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