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Questions Answered by Phillip William Gunthert
1 Answer | Asked in Consumer Law for Florida on
Q: can a car loan company garnish wages without a court order judgement
Phillip William Gunthert
Phillip William Gunthert answered on Apr 10, 2020

No, they must go through the court system and file a lawsuit and win a garnishment judgment.

2 Answers | Asked in Estate Planning for Florida on
Q: How long after passing does it take to see the will? And is it required to tell a beneficiary immediately?

My landlord passed away 10 days ago now (during the coronavirus ordeal). I have been living in my house for over 7 years and him and his wife have become more than family to us helping each other out every way we can. Immediately the daughter (who is very well off) is requesting rent. Still, I... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Apr 7, 2020

If there is a Will, it must be submitted to the clerk of the court in the county where the person lived within 10 days (this is rarely done or enforced for many reasons but it is the law). A probate will need to be filed, this likely will be delayed with the current status of the world/USA with... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: Live in Florida. Want to write out a short will leaving everything to my wife. Do I need any witness signature or notary

Stamp/signature. Also w/o a will does everything go to my wife.

Phillip William Gunthert
Phillip William Gunthert answered on Mar 30, 2020

You need to contact an estate planning attorney and they can help you do your Will and or any related documents you may want and or need (POA of Attorney, Living Will, Florida Healthcare Surrogate and so forth). You must have it signed and witnessed. You can do it in person with friends or even... Read more »

1 Answer | Asked in Probate for Florida on
Q: I gave my sister power of attorney to receive my inheritance check because I was incarcerated. She spent all the money.

What can I do?

Phillip William Gunthert
Phillip William Gunthert answered on Mar 30, 2020

You will need and want to get a copy of the Power of Attorney that you signed and review it in detail, you will want to confront and address her with a legal demand letter if the Power of Attorney supports your claims, you may have to eventually file a lawsuit as well.

1 Answer | Asked in Real Estate Law for Florida on
Q: What does partion grant one owner over the other in a joint ownership issue?
Phillip William Gunthert
Phillip William Gunthert answered on Mar 30, 2020

A Partition Action is the forced division or sale of a property when two owners or more cannot come to agreement on how to divide or sell the property or buy the other party/ies out with respect to their ownership. It will take time and money as it is a lawsuit and it will cost time, money and... Read more »

3 Answers | Asked in Estate Planning for Florida on
Q: In Wisconsin I had a lawyer draw up my will. Now I’m a Florida resident. Do I need a new will?
Phillip William Gunthert
Phillip William Gunthert answered on Mar 25, 2020

A Will from another state is valid if it was created validly in the state of origin (Wisconsin), the Full Faith and Credit Clause of the U.S. Constitution makes this possible and required. That said, and as always with things related to the law it seem, there is a BUT. Florida is a state that has... Read more »

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2 Answers | Asked in Business Formation for Florida on
Q: If I have an LLC registered in the state of Florida with multiple words in the name, can someone else register an LLC

Using a portion of the same words used in my LLC registration? Or, using the same words but in a different order?

Phillip William Gunthert
Phillip William Gunthert answered on Mar 23, 2020

The Florida Department of State will usually not allow a name that is too closely associated with a current existing name.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I live in WV. My father passed away in 2013 and left his Florida home to my 2 sisters and myself. I had it probated 2013

My older sister has died and my other sister and myself want to sell the house. How do we remove her name on deed and do I need to real estate attorney

Phillip William Gunthert
Phillip William Gunthert answered on Mar 16, 2020

Very sorry for your loss and the passing of your sister, please accept my condolences for you and your family. Depending on the deed and what it says (review yourself of with the help of an attorney), it is most likely that you will have to do a probate for your sister and see what her Will says... Read more »

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5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My aunt just passed away recently. In her Will she's left me her condominium, her vehicle, life insurance policy,..

.. And bank accounts. I've lived with her for almost 6 years. I just received her urn and death certificates. My first question is: When I received the death certificates, there was no cause of death listed. (She passed away from lymphoma) Is that normal in the state of Florida not to list cause... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Mar 7, 2020

Very sorry for your loss and the passing of your aunt, please accept my condolences and sympathy for you and your family at this difficult time. You will need to contact a Florida Probate Attorney and they will be able help you with filing the appropriate probate based on the circumstances, assets... Read more »

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: What is the most cost effective way to reinstate my corporation that was voluntary dissolution last year?
Phillip William Gunthert
Phillip William Gunthert answered on Mar 5, 2020

Either pay the fees and late fees or start a new one entirely. A business attorney can help you based on specifics and details related to your business and why you need or want to reinstate the old one or if you would be better served going in a different and new direction starting anew. The... Read more »

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2 Answers | Asked in Probate and Estate Planning for Florida on
Q: What are the state laws for removing property from a parents home in a retirement village once they have passed?

Manager will not allow son to remove anything from the house without proof of will. He says it is a state law. Is it? Also does it matter if its owned home/property vs Rental?

Phillip William Gunthert
Phillip William Gunthert answered on Mar 5, 2020

Just for starters and this is a general response regaridng Florida Law on the subject and related to probate and the need to have and or start a probate.

In accordance with Florida Law a landlord is not authorized to allow access to a rental unit for anyone who is (1) not legally named on...
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1 Answer | Asked in Consumer Law for Florida on
Q: my father died and i had been paying the credit card companies but now the well has run dry and there are no more funds

how do i let the credit card companies know that there is no more money to send to them

Phillip William Gunthert
Phillip William Gunthert answered on Mar 5, 2020

Very sorry for your loss on the passing of your father, please accept my condolences at this sad time for you and your family. Unless you cosigned those credit cards you have no responsibility for them whatsoever. They will either get paid as part of a probate (if there is one), or they will not... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: i am the executor of my mothers estate. I am trying to file the needed documents on my own but I have a few questions.
Phillip William Gunthert
Phillip William Gunthert answered on Mar 3, 2020

Very sorry for your loss and the passing of your mom, please accept my condolences at this difficult time. Unless you are filing a disposition of property without administration, it is not likely you will be allowed to file probate on your own without the help of a Florida Probate Attorney, you... Read more »

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3 Answers | Asked in Probate for Florida on
Q: Can a mortgage company require the sale of a property go through PROBATE court when there is a legal Quick Claim Deed ?
Phillip William Gunthert
Phillip William Gunthert answered on Feb 27, 2020

You really need to review the deed and the probate circumstances and needs. If a valid quitclaim deed or similar deed (enhanced life estate deed) was drafted that transfers ownership, then no probate may be needed. If the property was a Homestead property then there are substantial additional... Read more »

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2 Answers | Asked in Civil Rights, Estate Planning, Real Estate Law and Probate for Florida on
Q: What is the process of inheriting someones house after they pass if there is no will in place?

Next ok kin is not imterested and would like my father to take over the house. He already lives there. He was room mates with the person that has passed away.

Phillip William Gunthert
Phillip William Gunthert answered on Feb 26, 2020

The next of kin needs to contact a Florida Probate Attorney and since there is no Will, the Florida Intestate Statutes (without a Will) will apply, that basically means that the property will go to the surviving spouse and or children. If the property was Homestead, there are additional protections... Read more »

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1 Answer | Asked in Small Claims for Florida on
Q: How to get monies loaned back?

On 28-SEP-2018, I foolishly loaned money to someone to help them purchase a vehicle. I did type up a letter stating all the facts, we both signed the document. I loaned him $8,800; in the document we signed he had agreed to repay me with his tax return. To this day, he still owes me $7,485 and has... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Feb 24, 2020

You can take him to small claims court all on your own, you can contact the clerk of the court in the county where you live and they will provide or direct you to the paperwork that you need to file. In addition, the small claims limited starting this year have been raised to $8,000, so you also... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Do my step siblings have a right to the property?

My parents want to sell me their house so they can buy a condo in Dominican Republic. The house is paid off. I want my dad to transfer the deed so it’s in my name and then I can take a mortgage out for their condo. My mom is afraid that my dads other kids will try to claim the house even though... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Feb 20, 2020

A parent has no obligation whatsoever to leave anything to adult children in the State of Florida. Yet, any adult child or other interested party can potentially challenge and dispute a Will and or transactions as a result of undue influence, fraud, lack of capacity, etc. It is best to clearly... Read more »

3 Answers | Asked in Probate for Florida on
Q: Can I file probate for my mom in Florida if I live in California? She has belongings here in California in storage

My mom passed away in Florida but has all of the belongings from her home in California I'm not sure where probate should be filed and if I can do it from a different state. My 2 sisters have held power of attorney from my mom for 3 years and have sold her home in California and transfered homes in... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Feb 20, 2020

I am very sorry for your loss and the passing of your mom, please accept my condolences. You do not have to be in the state or present in order to file probate, you will need a Florida Probate Attorney and they can file the appropriate type of probate that will be needed on your behalf. You and all... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I own land in Georgia, but live in Florida. I was widowed, but the land in Georgia is deeded in both names.

I have the my husbands will and all he owned was left to me. What do I do to deed the Georgia property to my son?

There was no problem here in Florida. There was no need for Probate in Florida ??

Phillip William Gunthert
Phillip William Gunthert answered on Feb 12, 2020

You may simply need to record a death certificate with the clerk of the court in the county where the property is located and then you can quitclaim the property to your son. You can call and check with the clerk office and confirm what documents that they may need to accomplish this as it relates... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mom passed in Florida Dec 10th 2019. No Will. No one is quite ready to do formal admin yet. how much time do we have?
Phillip William Gunthert
Phillip William Gunthert answered on Feb 12, 2020

Very sorry for your loss and the passing of your mom and please accept my condolences and sympathy for you and your family. There is no rush or timetable that you must adhere to in starting a probate. When there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply.... Read more »

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