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Questions Answered by Phillip William Gunthert
4 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I am buying a house that has a leased solar system installed on the roof. The seller wants me to assume the lease.

The AS-IS CONTRACT to purchase the house, under the “Additional Terms” section, includes the statement “Buyer agrees to assume the terms of the solar panel lease.” After speaking with the solar company multiple times, I’ve gotten wildly different amounts from them (to either pay off the... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 28, 2022

You will need or want to continue negotiating until you can reach agreement that resolves or addresses the solar panel issue. I would strongly encourage you get a clear answer from the solar company (which they are not doing and is already a terribly bad sign). You will need to negotiate on who... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: quit claim deed signatures only had 1 witness is it valid

deed to add me had 2 witnesses deed to remove me only has 1

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

No, it would not be, the requirements for a valid deed are as follows;

You can read the specific requirements in Fla. Stat. § 689.01, which lists three basic requirements for the validity of a Florida deed:

The deed must be in writing;

The deed must be signed by the...
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1 Answer | Asked in Estate Planning, Medical Malpractice and Probate for Florida on
Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 18, 2022

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are... Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: can i be taken off a quit claim deed without resigning a new document

i was put on deed in 2014 and recently taken off without my knowledge

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 16, 2022

No, this should definitely not happen if you were the owner via a Quit Claim Deed, a review of the previous deed and document would be in order, but if you were the owner via Deed, they cannot convey it without your approval, agreement and signature. It is possible that maybe it was not a Quit... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: A resident with FL Homestead; the deed states joint-ownership with right of survivorship. What are my rights?

I am a resident homeowner with FL Homestead however, the deed states joint-ownership (Mother) with right of survivorship. The deed was recorded in 2012. The property was originally part of a relative's estate. The mother does not reside at the property. An uninvolved party (claiming a POA)... Read more »

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

50% if they are equal owners as you have stated. Forcing the sale is not easy, they will have to pursue a partition action, for your purposes, you should try to work something out, agree to sell, buy them out, whatever the case might be other than partition, because forced partition will take time,... Read more »

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1 Answer | Asked in Consumer Law, Estate Planning and Probate for Florida on
Q: Wy wife recently died. She had several credit cards in her name. Am I responsible for these bills?
Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any... Read more »

1 Answer | Asked in Probate for Florida on
Q: Where can I obtain a copy of my step-mother's last will and testament. She lives in Broward County, FL. Thanks.

Will obtained from late father is out dated, prior to moving to Florida. It doesn't include present condo ownership.

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

You would get a copy from your stepmother, and she would have to update her Will and estate planning documents. It is possible that her Will has not yet been updated and therefore she would have to visit with a Florida Estate Planning Attorney to get this taken care of and properly added and... Read more »

3 Answers | Asked in Probate for Florida on
Q: My stepmother died in December 2021. Her estate never went through probate. She listed my father as primary beneficiary

On brokerage acct.. My stepsister as secondary beneficiary. My dad died July 2022. Does her account go to my dads estate or to stepsister

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

I am very sorry for your loss of your stepmom and your dad, please accept my condolences for you and your family at this difficult time. As a basic and general response to your inquiry, with knowing little else, it would appear that upon your stepmom's passing that your father became the owner... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Mortgage co says mortgage from inherited property in Florida from Mom can't be assumed by 4 children, must be refinanced

We understand the Garn St Germaine Act of 1982 protects consumers from having onerous terms put on them when inheriting a mortgage. Our mother had Alzheimer's so I have been making the payments on time every month, never missed a payment. The property, still in probate, will be inherited... Read more »

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

Generally, and specifically the mortgage company is likely wrong. The federal Garn-St. Germain Depository Institutions Act of 1982 prohibits enforcement of a due-on-sale clause after specific kinds of transactions, like a property transfer to a relative upon the borrower’s death or a transfer... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: My husband his brother and their mom inherited a house. If something happens to my husband do I get his share.
Phillip William Gunthert
Phillip William Gunthert
answered on Jul 4, 2022

Maybe, if your husband does proper estate planning and or creates a deed naming you, then it is possible. You would have to start by viewing the current deed and how it is titled. Also, it depends on whether you have a prenuptial and or postnuptial agreement. It is not automatic that you would get... Read more »

2 Answers | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: What kind of lawyer do I need? And what are the charges?

I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .

I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... Read more »

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

If you agree to pay a percentage of recovery you are looking at 33-40% usually if it is a contingency matter at most law offices. If the check is in your LLC name that is closed and no longer exists, you could have an attorney look into opening it up and getting it paid up with the Florida... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Death was 9\15\21. How soon does personal representative have to register will at probate court?

4 children. Personal representative gave 3 of them $146,000. A trust for the diabled 4th child was to be funded with $146,000. No trust yet 9 months later. How much time legally to create trust?

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

In Florida, the statute states that any Will must, and I emphasize must be taken to the clerk of the court within 10 days, no one ever does that for the most part, but it is the law. If they fail to do this or do their duties in general related to the Will and or any Trust, then you need to get an... Read more »

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1 Answer | Asked in Family Law, Probate and Estate Planning for Florida on
Q: How much time does a designated Trustee have to register a benefiary trust?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 7, 2022

Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;

736.05055 Notice of trust.—

(1) Upon the death of...
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1 Answer | Asked in Estate Planning for Florida on
Q: How is a revocable living trust converted to a irrevocable dynasty trust upon the death of the settlor?

I plan to hire an attorney to draft a revocable living trust that will be converted to a South Dakota irrevocable dynasty trust upon my death. I just want to get more educated on the subject matter before contacting an attorney.

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 1, 2022

You will want to speak with an attorney in the state where you are domiciled and reside as a resident (where your homestead is and where you spend the majority of your time), I mention this because it will be important related to all of your estate planning with things such as your Will, Living... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: Can I appoint my sister Durable Power of Attorney over my wife to manage my estate.

I would like to appoint my sister to manage my estate. My sister is capable and would guide my wife if I become an invalid or die. My wife is a recent naturalized citizen and I worry she would prove incapable of managing things on her own.

Phillip William Gunthert
Phillip William Gunthert
answered on May 26, 2022

Yes, you can pick whomever you would like to be your Florida Durable Power of Attorney and there is no requirement, law of obligation that says a wife/spouse must come first. There are numerous rights that a spouse has related to any estate, these issues and considerations you should weigh and... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Can I file a creditors claim in my County against a probate estate in another county in Florida?

I loaned the business that I work for a lot of money and all of it was paid back before the gentleman passed away except for $14,000.

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

No, you need to file it in the County where the probate is taking place and you need to file it timely, all sorts of deadlines can apply and make it potentially uncollectable so be sure to make your claim properly and timely.

1 Answer | Asked in Business Law for Florida on
Q: If I am a tenant in a plaza and want to rent out two of the rooms inside my business am I legally able to do so?
Phillip William Gunthert
Phillip William Gunthert
answered on May 13, 2022

You better review your commercial lease agreement that you signed and were provided with, it is doubtful that this would be allowed in normal circumstances for a variety of reasons. You need to get a copy of the lease and read through it, and or get the help of a business attorney to review it with... Read more »

1 Answer | Asked in Probate for Florida on
Q: Can I sell a house in Florida before or during probate ?
Phillip William Gunthert
Phillip William Gunthert
answered on May 12, 2022

It depends on what the probate court has said and approved, it matters if the property is Homestead or if it is owned and transferred via deed in some other manner. You really will need to speak with a Florida Probate Attorney and determine what steps need to be taken in order to address, transfer... Read more »

1 Answer | Asked in Business Law and Probate for Florida on
Q: Death of a partner and partnership interest.

A partner in an FL LLC/Partnership passed away. There were 2 partners. How can the spouse take over partnership interest of the partner who died? Can the spouse and existing partner change LLC members?

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

You will have to review your LLC Operating Agreement that you drafted when you formed the LLC (this should address death of owenr) or you will want to look at the Florida default statutes on how to handle matters. If nothing is clear, a probate will have to be done for the deceased partner (will... Read more »

1 Answer | Asked in Probate for Florida on
Q: Should I sign a waiver of service of notice of administration? If I do what does it mean in general?
Phillip William Gunthert
Phillip William Gunthert
answered on May 11, 2022

Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate.... Read more »

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