Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Phillip William Gunthert
2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If you're not married, would it be best to name a parent or minor child as a beneficiary to a retirement plan?

I need to put a beneficiary for my 457 and pension plan. My son is only 7. My dad is in his 60's and got remarried a few years ago. I want to know if I should use my son as the beneficiary or my father. I would want my son to have everything of mine, but since he's a minor I want to make... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 31, 2023

I would encourage you to speak with a Florida Estate Planning Attorney and consider possibly creating a Revocable Trust, the options you have mentioned are problematic because of your dad's second marriage and because your son is so young. If anything happened to you it is likely that your... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: I filed a quit claim deed put my daughter on the deed. If she is sued, is the property liable.
Phillip William Gunthert
Phillip William Gunthert
answered on Jan 23, 2023

Adding a person/here your daughter to the property can indeed expose the property to any creditors and or judgments that your daughter may owe. In addition, if this is your Homestead, there is real potential that it could impact Homestead Protections as well as Exemptions. Furthermore, if there is... Read more »

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: Can a contract be enforced without both parties signature
Phillip William Gunthert
Phillip William Gunthert
answered on Jan 19, 2023

Generally yes, it depends on what it was and what the circumstances were but generally yes, see below;

A verbal agreement can be legally binding in Florida if all the elements of a contract are in place and it can be proven that there is, in fact, an oral agreement binding one party to...
Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: If a property is left to me in a will, is it probable that property will be used to pay off the outstanding

My grandmother is unsure if she should create a will or a living trust. Her primary concern is ensuring that I inherit the property which is paid off completely however, another concern we are having is, if the home will be used to pay off any outstanding debt, such as credit cards if so, how can... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 18, 2023

If a property is Homestead Property, creditors such as credit card companies and other lenders will not be able to force the sale of the property, the Homestead Property if handled properly is protected. Any debts not directly attached to the home (like for instance mortgage loan, equity line, work... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My mother passed and in her will it states I am her personal representative giving me full power to sell her home.

I already have a buyer. Do I need to go through probate or can I just go to a title company present the will and sell the home?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 16, 2023

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and you family at this sad and difficult time. No, that will not work, you will want and need to get a copy of the deed, if your mom's name alone is on the deed the property will need to be probated,... Read more »

2 Answers | Asked in Probate for Florida on
Q: House is in probate; other siblings have signed their share to me, except one...

One sibling verbally states they want nothing to do with the house but refuses to sign anything, has blocked me from messenger and Facebook and hangs the phone up when called by current lawyer. Unable to get answers from current lawyer, house has been in probate since 2018 and was sold 1 year ago.... Read more »

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

You can try to get them to sign a waiver by mailing it to them, if they are and continue to be unresponsive, then petition the court for discharge and closure of the estate and pursue petitioning the court at the same time or advance to deposit their share into the court registry.

View More Answers

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Hi my Dad had a will done in 2009 excluding all heirs, after divorcing I took him to revoke the will. We then went to

the clerks office in 9/2013 and he put his property in my name prior to open heart surgery after he i quit claimed his property back to him in 7/2015. We loaned him 70 k in 4/2013 to buy ex wife out of divorce he took a reverse mortgage on his property to pay us back. he passed away in 2022 now... Read more »

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

Yes, if they are motivated to try to fight this and make this messy it is possible that they can try to fight this based on claims of undue influence and or similar claims. I am not sure how much luck they will have for a few reasons, there is a divorce which ends the relationship related to the... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: Do i have a legal right to copy of my deceased mother’s will, attorney’s info handling her home sale &purchase agreement

My sister is not providing me with any information about my recently deceased mothers home sale which is supposed to be split between 3 siblings, including myself. She recently asked for money for taxes and insurance so the closing would go through. When i asked her for copy of will, PA agreement,... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 13, 2022

I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time. A copy of the will should be provided to any beneficiary interested party, if not, Florida Statute requires that it be filed with the clerk of the court... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I have a banker that's trying to force us to pay $1,000 to him for an inheritance that's already been approved

The bank is already approved the inheritance but this Banker is trying to extort us for $1,000 before he will transfer the funds

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 12, 2022

The answer to that is no, you need to get the probate court orders and or have the probate attorney or another attorney follow-up with a letter on your behalf, you should not be paying or be obligated to pay anything.

3 Answers | Asked in Estate Planning for Florida on
Q: if im married can I change my will so when I die my husband doesn't get our marriage assets in state of Florida

everything we own is in both our names .

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 8, 2022

No, while you can create a Will with your wishes specifically stated, unless your spouse agreed via prenuptial, postnuptial or other waiver means to some agreement to give up rights then your spouse would have substantial rights upon your passing to Homestead, your estate and assets and otherwise.

View More Answers

1 Answer | Asked in Small Claims for Florida on
Q: What will happen to me if I don’t pay my student credit card balance of 1000 and I leave the country of USA
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 7, 2022

They will possibly/likely file a small claims lawsuit against you, your credit will deteriorate, and you will get late payments until it is written off, likely ruining your credit for at least 7 years until it drops off, you wont be able to get credit, your credit score will be substantially... Read more »

3 Answers | Asked in Real Estate Law, Elder Law, Estate Planning and Family Law for Florida on
Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?

She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 7, 2022

Florida Homestead is protected from most creditors, in addition, your mom cannot remove your dad if he is on the deed unless she has power of attorney or some guardianship oversight, you may want to speak with and further discuss the specifics with a Florida estate planning attorney for more... Read more »

View More Answers

1 Answer | Asked in Consumer Law for Florida on
Q: Can a credit card company collected that after 10 years more than 10 years
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 2, 2022

They can always try, but unless they got a judgment and then renewed it, it is likely beyond the statute of limitations of usually 4-5 years.

1 Answer | Asked in Real Estate Law for Florida on
Q: What are the requirements to execute with such formalities as are required by law in the US Virgin Islands?
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 1, 2022

Depending on what you are executing, real estate deed, Will, Power of Attorney, Trust, other contract ,etc., you will at least want to look up the statutes and or speak with an attorney that works in that area of law in that region of the world, generally, and this is very generally, it involves a... Read more »

4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 29, 2022

Yes, due on sale and transfer clauses, insurance issues, homestead protections, loss of ownership rights, loan issues/fraud and doc stamps owed, potential Medicaid qualification amongst others probably.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an x girlfriend remove my name from origwarranty deed with a quit claim w/o my knowledge or permission?

I bought home from old employer,all persons involved, notary,witness and preparer,I never signed anything or was present when this occurred

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 15, 2022

While the original deed would need to be reviewed in order to see precisely what it says and how the property was held, the general answer to your question should be "NO", it normally would require both of you to sign, since you say X-girlfriend, you should pull the property records and a... Read more »

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Upon the death of my father, will my mother be sole heir of her home in PR, although he had kids outside the marriage?

The home was purchased over 20 yrs ago by both for retirement purposes.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 9, 2022

You need to speak with a PR estate planning attorney if the property is in PR as you have stated. Things to consider include, is there a Will, what does the property deed say, is there a Trust? It is possible the property will pass to your mom per PR laws, Will and or other estate planning that is... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mother is trying to file a petition for administration regarding her husband .She is having trouble finding the docs

He passed last December and she is at a loss. The amount is small so she wants to do it herself. She only gets social security

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 25, 2022

I am sorry for your loss, please accept my condolences. If you check with the clerk of the court in the county where your mom and her husband lived, either online or directly with the clerk, you usually can find the basic forms that you may be able to use to file a basic probate. It is often the... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mother died in May of 2022 and we're still working on probate the house was appraised at 390,000 a month later.

We're still going through probate and my brother is going to keep the house and pay me half of what it's worth once we're done. But he now says that the house is going down in value now that we're almost in November and that hopefully this gets done fast before it keeps losing... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2022

The date that you can or should use is the date of death (DOD) date, but you can go up to 6 months after death, beyond that is usually not an acceptable date based on the IRS rules generally. The appraisal you should set the price at is within 6 months of death, otherwise each month the property... Read more »

3 Answers | Asked in Probate for Florida on
Q: Do children have rights to an estate if the parent has surviving spouse?

She passed 4 years ago and my stepfather won't speak to us or let us in the home. We have nothing of our mothers. The home was left to her by a man she took care of for 10 years or more. Her husband was on the house by law but she had me take her to a divorce attorney before we found out she... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 19, 2022

I am very sorry for your loss and the passing of your mom, please accept my condolences for you and your family at this difficult time. Much of what you seek to get answers to depends, it depends on precisely how the property was held (husband and wife as tenants by entireties or some similar... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.