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Questions Answered by Phillip William Gunthert
3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Person dies with a will. Does executor or Florida probate decide Homestead property?

Will names personal rep. Rep was told property gets split among hiers, as if there was no will?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 12, 2021

In Florida, the Executor is referred to as a Personal Representative (PR) and the Florida Court's will require an attorney in most all instances to represent the PR and file probate. The PR does not determine Homestead status of real property, it is a determination made by the court based on a... Read more »

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3 Answers | Asked in Contracts, Copyright and Legal Malpractice for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!?

I need clarification, this site is called ask a lawyer, not ask google, what are you hiding or is that a part of the b.a.r (secret)?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 8, 2021

BAR- An organization of lawyers established to promote professional competence, enforce standards of ethical conduct, and encourage a spirit of public service among members of the legal profession.

The Florida Bar is the integrated bar association for the state of Florida. It is the third...
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1 Answer | Asked in Probate for Florida on
Q: My grandfather passed 2 mo/ago. I amlisted in his will. The lawyer has only had my grandfathers mail forwarded to him.

The lawyer has made no other efforts to locate any assets. Should he be doing more? I feel a little uneasy about the whole process. Especially if he does not locate the assets, what exactly am I paying him for?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 7, 2021

The Florida Probate Attorney is there to help and guide, the main job is to get you named as the Personal Representative (PR) of the estate so that you can seek out assets via the Will, mail, personal records and files in deceased person's home and so forth. While the attorney can assist and... Read more »

2 Answers | Asked in Civil Litigation, Estate Planning and Real Estate Law for Florida on
Q: My father passed in 2016. I have not talked to my stepmother since. What are state laws for inheritance?
Phillip William Gunthert
Phillip William Gunthert answered on Jul 4, 2021

You need to speak with a Florida Probate Attorney in order to provide additional details and specifics of the circumstances. It has now been 5 years, someone should have contacted you long ago if there was a probate and you were named in the Will/Trust/Deeds or on any other accounts and or assets.... Read more »

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3 Answers | Asked in Elder Law for Florida on
Q: Which deed would be better for protecting my parents house in Florida from medicaid a ladybird deed or a quitclaim deed?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 25, 2021

The enhanced life estate deed would be the better option, homestead is a protected asset in Florida and as it relates to Medicaid, with enhanced life estate deed your parents would retain their homestead interests and protections. If you did a quit claim deed, you would run afoul of Medicaid... Read more »

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3 Answers | Asked in Probate and Estate Planning for Florida on
Q: Could I access a trust as the beneficiary without permission of the guardian or releasing guardianship?

Hello, I received a trust fund as I turned 18 but, I am having issues gaining access to it. The reason is, my mother wants me to pay large guardian fee and has refused to release the funds or give me information if I do not pay it to her. The only papers that have been written up to release the... Read more »

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

You will need to get a copy of the Trust documents and make sure they get reviewed by a Florida Estate Planning/Probate Attorney if this is in Florida. The documents should be very clear on when you can access the Trust monies and how and for what purposes, it should also address what fees are to... Read more »

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3 Answers | Asked in Probate for Florida on
Q: Prenup specifies no spousal claim to solely owned property (homestead). Will specifies who gets home. Probate needed?

I am the executor and the named recipient of the home in the will of the husband. The parties involved are married but have not resided together nor communicated since the wife moved out of state over 10 years ago. His house is specifically listed in the prenup as an asset from prior to the... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 21, 2021

You will need to review the current deed of the property to see precisely how the property is held, this will be your starting point. It is likely that some version of probate may be required and a petition to determine homestead status of real property as well. The prenuptial agreement will also... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Before my father passed away he was buying a house, he owes the it's so we put all paperwork in my name.

We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 19, 2021

Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the... Read more »

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2 Answers | Asked in Probate for Florida on
Q: my mother and i lived together over 10 years got along grate she waned me to have home passed away unexpected no will

i payed bills & rent to her most things in home are mine what do i do she was on SSI i am on SSA

Phillip William Gunthert
Phillip William Gunthert answered on Jun 19, 2021

Very sorry for your loss and the passing of your mom, please accept my condolences and sympathy at this difficult time. You are going to need to speak with a Florida Probate Attorney, based on the type of assets and their overall value will determine the type of probate that is ultimately needed... Read more »

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2 Answers | Asked in Elder Law for Florida on
Q: Is a POA the same as guardianship? Differences please. This is for a person who is competent and in a nursing home.

My sister is in a nursing home in Pensacola, FL. They advised me to seek guardianship or POA. What are the differences and limitations or each? I live in Maryland.

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

You may find this list helpful as a reference possibly and for guidance.

Power of Attorney v. Guardianship

The POA agent (appointed person) is chosen by the principal (the one who appoints authority or giving POA) The guardian (appointed person) is chosen by the court.

Less...
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1 Answer | Asked in Elder Law for Florida on
Q: The administrator at my sister's nursing home advised me to apply for guardianship or POA. Can you assist with questio?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2021

If your sister has mental capacity and is able to understand and comprehend then you can accomplish what you need with a Florida Estate Planning Attorney drafting a Florida Durable Power of Attorney, if you sister is unable to comprehend things and is lacking mental capacity then you will need to... Read more »

3 Answers | Asked in Estate Planning for Florida on
Q: I'm a single woman, no children, all my siblings live out of state. Should I appoint a Florida lawyer as a trustee/exec

of my estate? I have completed a FL Revocable Living Trust, a Durable Power of Attorney for Health Care, a FL Durable Power of Attorney appointing my brother as trustee. Brother is on all bank accounts. My house is in a Revocable Living Trust. Just don't want to burden my out-of-state brother.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 9, 2021

Your brother is already listed on all or almost all of your accounts as well as your other estate planning documents, at minimal he could easily serve as the Trustee related to your Revocable Trust and it should not be that demanding or difficult, worst case scenario he can decline to serve at the... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Probate or not

Brother passed last month , he resided in a house owned by our mother . He paid rent to her every month . The house was furnished when he moved in . Now his children want everything in the house . I told them they are entitled to anything solely in his name which includes a boat , and motorcycles .... Read more »

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

Very sorry for your loss and the passing of your brother, please accept my condolences at this difficult time for you and your family. If your brother did not have an ownership interest in the home (on the deed), then the property still belongs to your mother, on a side note, she should likely do... Read more »

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Am I required to give 50% of my homes value to my husband's son?

My husband recently passed and our home was in his name only. He has a son from a prior marriage, which is already looking for his half of our estate. I put down $10,000 from MY pension on our home and still owe over half of the mortgage. Am I required to give 50% of my home to my husband's... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 1, 2021

I am very sorry for your loss on the passing of your husband, please accept my sympathy and condolences for you and your family. The answer to your question is that it depends. You as a surviving spouse have substantial rights as it relates to Florida Homestead Property and spousal rights as it... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My mother recently passed away and I'm told I need to get a probate lawyer. Cost $1200 - I don't have that

I need to file her will, when I called the county office, they wouldn't give me any information other that - You need to get a probate lawyer. The will not be contested. My mother owned a home that will now need to be transferred out of her name, do I need a lawyer for this too?

Phillip William Gunthert
Phillip William Gunthert answered on May 28, 2021

Very sorry for your loss and the passing of your mom, please accept my condolences. Usually, the clerk of the court is extremely helpful and insightful to matters, in this instance they were not and were incorrect. You can take your Will (after making a copy) to the clerk of the court and... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Probate requirements

Spouse passed and I am not on the title. The house has lien holder. What steps do I take for the Lien holder to add my name to the mobile home title?

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

I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult time. You may be able to transfer it with the proper form if you qualify with the tax collector's office/DMV forms that you can usually find online. If you do... Read more »

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2 Answers | Asked in Probate and Estate Planning for Florida on
Q: MY aunt died in Florida. I have heard I am in the will, but I have not heard from her attorney. She died 25 days ago.

While my aunt was alive, she asked me if I would take her pets when she died. She told me she was leaving me money as well as leaving money for the care of the pets. She told my husband, cousin and her boyfriend this. When my two cousins went to the reading of the will, one of whom is supposed to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on May 26, 2021

In the world of probate 25 days is a very short period of time and no time at all really. Depending on the type of probate that is required, you could possibly be waiting months. Words and promises do not matter at all as it relates to a Will, only what was actually written into and put into the... Read more »

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3 Answers | Asked in Estate Planning for Florida on
Q: Can the French government sue an American citizen living in the USA.

I am an unnamed heir in a French estate. I don’t want to be a heir. Can I just ignore their communications?

Thank you,

Paul

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

Likely yes, you should probably review the estate related documents to see what it entails, maybe you inherited a property or money and they are just trying to notify you of your rights.

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3 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: Daughter died in Florida, signed will with two friends but never got notarized; can it be used for the estate?
Phillip William Gunthert
Phillip William Gunthert answered on May 19, 2021

No, Florida requires signature, two witnesses and notarization, if this is not the case then it will not be a valid Will and the estate will be deemed Intestate and the Florida Intestate Statutes will apply to the probate. This means it will be important who survived your daughter and whether the... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Florida Estate, Father not on Birth Certificate, if he does not respond to decline executor or sign up as one, then?

I am mom and showed on certificate. no will found so far. He never met her or paid child support. I have called 8 numbers and found 8 emails with no reply

Phillip William Gunthert
Phillip William Gunthert answered on May 19, 2021

Very sorry for your loss, please accept my condolences at this difficult time. In Florida, any interested person can pursue and commence a probate. If there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply. If the father is nowhere to be found or interested you... Read more »

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