Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Phillip William Gunthert
4 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Florida on
Q: What type of lawyer do I need?

I paid a company a $20k deposit and was told they have filed bankruptcy. This has not been confirmed and I have not received any notices in the mail. I would like to know my options.

Phillip William Gunthert
Phillip William Gunthert answered on Jan 27, 2020

If you paid $20,000 unless you are facing murder charges or similar you likely overpaid and possibly got scammed. If you are saying you paid $20,000 for a personal bankruptcy or a small business bankruptcy that is too much, I would be worried if I was you.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: My realtor is saying I must pay a full month's rent given the tenant has renewed for another year. Is this legal in FLA?

We already paid a comission to the realtor when the tenant moved in, a full months rent, now apparently just because the tenant renewed the lease, they say we must give him again another full month rent comission, what on earth is that? Is that even legal for him to do this? Never heard of this... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 21, 2020

Ask to review the property management agreement or any other agreement that you signed and may exist, if it is not in the agreement. I think not. It is often the case that property management and similar agreements have these clauses in them if you do not carefully review them with the help of an... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: my dad left property to me and my sons to share i paid the mortgage off and i pay all taxes. they have not paid anything

do they still get a share

Phillip William Gunthert
Phillip William Gunthert answered on Jan 18, 2020

The property would need to go through probate, anything you paid related to the property would be credited to your share, you would be entitled to your share plus all you paid into the property, so if you have records and receipts of all that you paid then your share would be increased by that sum... Read more »

3 Answers | Asked in Banking for Florida on
Q: If I open a bank account in distance(online) then (whenever) do I have to go to the bank myself one time so I can use it

I mean is there a need going a bank personally. Name of the Laws or codes please

Phillip William Gunthert
Phillip William Gunthert answered on Jan 9, 2020

No there is not, many banks are online only or allow you to bank from a distance, a couple that come to mind right off the to top of my head are BBVA and Capital One, I am sure there are an abundance of others, the only reason anyone would request an in-person visit would be if some specific... Read more »

View More Answers

3 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Florida on
Q: I am being sued by a credit card company. Is there an attorney that can help me settle before the case goes to court?

I don't have enough money to pay in full. I haven't been served yet. But I know the case is open according to the clerk of court.

Phillip William Gunthert
Phillip William Gunthert answered on Jan 22, 2020

Yes, you can get an attorney to negotiate on your behalf based upon what you can realistically afford. An agreement would be reached and signed and you would need to keep up with those agreed upon terms and payments, time is of the essence. Keep in mind you will be stuck paying your attorney hourly... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My Grandmother passed away, I was her Durable POA. Now that she is passed I’m aware that the POA is no longer valid.

I’m in WI, she lived in Florida. What is my next step? She does have a will that’s in her safety deposit now, I can’t access since she has now passed. How do I get appointed by FL to handle my grandmothers affairs? Any advice will be much appreciated, I have no idea what to do. I am my... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 29, 2019

Very sorry for your loss and the passing of your grandmother, please accept my condolences.

You will likely need to work with a Florida Probate Attorney, most probates require one. Based on the type of assets and their value will determine the type of probate that will be required. You will...
Read more »

View More Answers

3 Answers | Asked in Estate Planning for Florida on
Q: 16 siblings was life part of my Father’s estate, we are in a deadlock on how to distribute property. We have to pay taxe

16 siblings were left part of my Father’s estate, we are in a deadlock on how to distribute property. We have to pay taxes and keep up with City codes. We have tried establishing family meetings and voting. Some members will not participate in the voting and will not help with paying taxes and... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 29, 2019

You file a probate related to the properties and estate and or you file for partition, possibly having an attorney explain that a forced partition will be great but just at great additional time and expense which will impact what everyone receives in the end may help wise people up to the smart,... Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: My mother passed we have a copy of her will( orig missing). only asset is a condo $53000 do we have to file probate

she has no bank accounts just the condo the heirs are myself and my late brothers 2 adult children.

Phillip William Gunthert
Phillip William Gunthert answered on Dec 24, 2019

You will want to review the deed and see how it is held, if it cannot be transferred based on how the deed is held, then you will need to pursue a probate, a Florida Probate Attorney will be required in order to accomplish this in Florida. Since the assets are under $75,000 in value, it is likely... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Florida on
Q: Can a Florida Will and Self Authenticating Document need to be notarized in NJ and by a New Jersey notary.

I would like to make will while I am in New Jersey although I am a resident of Florida.

Phillip William Gunthert
Phillip William Gunthert answered on Dec 19, 2019

While your Will would be valid under the "Full Faith and Credit Clause of the U.S. Constitution), as long as it is validly drafted in accordance with New Jersey Law, if you live in Florida and Florida is your state of residence then it would be recommended and wise to have your Will and other... Read more »

View More Answers

2 Answers | Asked in Collections for Florida on
Q: Can Collection lawyers proceed with debt collection if they did not prove a debt never responded to verification letter?

A default judgment was filed in court in2003 for credit card debt .Writ of execution issued while I was living abroad . First notice I received three months ago when my bank account was put on hold and instantly drained to the last penny never knew before about the judgment until I received a... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 3, 2019

Yes they do it all the time, whether it is legal or not doesn't matter as they get a default judgment and the judges just blindly sign whatever the collector puts in front of them, it is like a conveyor belt of submitted garbage and trash from these collections companies that turn into cash. They... Read more »

View More Answers

1 Answer | Asked in Probate for Florida on
Q: My father died of a drug OD. He was waiting for a check from a law office in Florida in a workplace injury.

Now that he has passed, Lawyers offices refuse to turn over check to his next of Kin. Is there any legal recourse that we can take to remedy this? I Forgot to specify that I live in MA. His death was in Florida and that is where everything was going on, Thank you for quick answers, I will try... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 24, 2019

I am very sorry for your loss and the passing of your father, please accept my sympathy and condolences at this difficult and sad time for you and your family. A probate (formal probate likely) needs to be pursued and the estate (personal representative) takes over matters and eventually the check... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: How do I get a will written, probated, and a power of attorney assigned? And how much does this normally cost?

My mother had a stroke two weeks ago but is still of sound mind and body. However her blood pressure is becoming difficult to control and she wants me to get her estate in order. I need to help her get her will written and probated as well as obtain power of attorney and draft a DNR order. Not... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 24, 2019

You will need to have your mom speak with a Florida Estate Planning Attorney if she is in Florida. Costs can vary drastically from law office to law office based on hourly attorney fees or even flat-fee costs based on the law firms established billing. The documents that you want drafted can be... Read more »

View More Answers

3 Answers | Asked in Contracts for Florida on
Q: I have a single owner LLC in Port St. Lucie. i have been sued for 19,000 over a contract. i am out of state.

i could represent myself( facts very straightforward) but need a lawyer because this is an llc. how do i proceed? my company has no assets.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 19, 2019

You do need and attorney because if it is a single member llc and you have no assets in the llc and you lose they will go after your personally by attempting to pierce the corp. veil in their filings and which is very common in such an action. You need to seek out a business/civil litigation... Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: My brother passed away unexpectedly, I was his poa. No will no executor what do m.j I do now to take care of his stuff

Has 2 kids 19 and 21 which they abbonden there dad 10 years ago, I want them to get some of his things what should I do and how? Had no will, no executor, left me in charge but not on paper, worried 2 estranged sons will try to take everything when I need to pay his Bill's, I've already played for... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 15, 2019

Very sorry for your loss on the passing of your brother and please accept my condolences at this difficult time. When there is no Will, the Florida Intestate Statutes (without a Will) will apply. Any assets that were in your brother's name alone will have to go through probate if there is no... Read more »

View More Answers

2 Answers | Asked in Collections for Florida on
Q: what can a collections lawyer do with a eviction case from 2016.. Can they take me to jail?

They told me they could put a hold on my person. I explained to her that due to bad health and being unemployed that I couldn't pay the fee that started out at $2184.84 then they said the lowest they could go was to $700. When I asked for documentation regarding this she said they didn't have to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 14, 2019

Ignore them, they are lowly collection people, they cannot arrest you, they can try to file a lawsuit and get a judgment and if you do not have anything or make very little, they cant even collect that at all, they are trying to fear-monger you into paying or agreeing to do something that you do... Read more »

View More Answers

2 Answers | Asked in Probate and Estate Planning for Florida on
Q: My father had no will and my brother didn't even contact me to let me know he passed he is trying to take it all
Phillip William Gunthert
Phillip William Gunthert answered on Nov 13, 2019

If there is no Will then it is not likely that he will be able to take it all. When there is no Will or Trust, then generally the Florida Intestate Statutes (without a Will) apply, this also generally means that his estate (items with his name on it alone or no transfer on death designation) will... Read more »

View More Answers

3 Answers | Asked in Probate for Florida on
Q: I am the only child my father died three weeks ago and his wife is asking me for money I don't know where to start to lo

Looking to see what I have inherited I don't have any papers either need help my dad left a property that he always said that it would be mine when he passed away now his wife said it's hers they've been married since 2001 and the property was bought before they were married when he was with my mom

Phillip William Gunthert
Phillip William Gunthert answered on Nov 8, 2019

Very sorry for your loss on the passing of your father and please accept my condolences. Either you or his spouse (I assume his second wife) will have to hire a Florida Probate Attorney and do a probate. Why she is asking you for money presently is beyond me. You will want to look at the deed of... Read more »

View More Answers

3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I need to file a Summary of Administration, my spouse left me the house in his will. He passed away 2017 I pay all mtg

Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 5, 2019

You are going to need to contact a Florida Probate Attorney and they can help you file a Summary Administration, with respect to the house (homestead possibly if it was his/your primary residence), as with all things in South Florida, slow moving and extra work most often. The sooner that you... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Florida on
Q: My elderly parents cannot find their legal papers. The estate lawyer was Mowl. We can't find him. Can you help?

My elderly parents cannot find their legal papers...trust and living will... The Melbourne, FL lawyer who created them over 20 years ago was Mowl. But we can't find a listing for him anywhere. Can you help? Was he in a certain firm that might have retained their papers? Would the papers be filed... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 2, 2019

You should start by contacting the Florida State Bar as they can often help you in this regard, when an attorney leaves the practice of law, they usually should have a new referring attorney for their clients and papers, the Florida Bar would be a good place to start. Any papers he may have had... Read more »

2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: I am my parents primary caretaker and I have moved in with them full-time.

I am my parents primary caretaker and I have moved in with them full-time. What rights do I have as a caretaker and living in their home? Are there any legal documents that should be in place to protect me and/or my parent? And what type of law this is fall under, family law or elder law?

Phillip William Gunthert
Phillip William Gunthert answered on Oct 29, 2019

Elder Law and Estate Planning, you likely should encourage your parents to speak with an attorney about proper estate planning related to a Will and or Trust, Durable Power of Attorney, Florida Healthcare Surrogate, Living Will, Nomination of Guardian, HIPAA Waiver and so forth.

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.