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Questions Answered by Phillip William Gunthert
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My cousin passed with no will in place. She did not have children and her spouse passed years before she did.

I was told that next in line are aunts and uncles. Are cousins entitled to their parent share if the parent is deceased? When did the law change? I was told the law changed after my cousin passed.

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

I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Is a spouse responsible for a deceased person's debts? what is the Florida statue?
Phillip William Gunthert
Phillip William Gunthert
answered on May 6, 2022

Generally, No, not unless they signed and agreed to be responsible. The estate may be responsible in a probate. I would encourage the spouse to speak with a Florida Probate Attorney.

1 Answer | Asked in Probate for Florida on
Q: Number 9 on the probate application how do I answer it
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 29, 2022

You are going to need a Florida Probate Attorney to look at the documents. It is additionally likely that if this is a Summary Administration, that you will end up needing and probably be required to have a probate attorney under most circumstances. The court/judge will quickly let you know this in... Read more »

1 Answer | Asked in Probate for Florida on
Q: Petitioners purpose to distribute the estate as follow
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 29, 2022

I think it would be that the Petitioner (in Summary Administration) proposes to distribute the estate in the following manner. These likely relate to proposed orders related to the Summary Administration. If it was a Formal Probate, then it would be a Personal Representative. If you are not sure... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Does the Florida Homestead law about surviving spouses supercede a will if the will left the property to the children?
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 25, 2022

Yes, as long as no prenuptial or postnuptial agreement was signed or some other waiver of Homestead Rights, then the surviving spouse usually has substantial rights to Homestead (at least a life estate or half 50% interest) amongst many other rights. The Will or any estate planning for that matter... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Can I claim an abandoned home?

I’ve lived in the home for 2 years after noticing it was abandoned. I’d like to try to own it. Is this possible?

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

No, you will not be able to take ownership of the property simply based on the fact that you moved in. You need to find out via deed who owns the property and or through probate and then deal with them. If you are thinking about Adverse Possession type scenario the answer is still absolutely no, I... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: My mother died recently and has a living trust. As the trustee, I have some questions about procedure.
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 18, 2022

Very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You will want to speak with a probate/estate/trust attorney from the state that the trust says is the govern law. There are substantial rules and obligations that you usually have and must... Read more »

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1 Answer | Asked in Consumer Law, Probate and Collections for Florida on
Q: Am I responsible for my deceased husband's judgement ?

My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 14, 2022

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.

As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important...
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1 Answer | Asked in Small Claims for Florida on
Q: Can I sue a photographer for bad pictures?

I had recently hired a photographer to take pictures for my mother birthday. It took the photographer two weeks to send the pictures when we were promised 5 days. Then the pictures were rushed and properly edited. I want to know if I can sue even if it’s small claim court. I had paid $280 for... Read more »

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

You can always consider a small claims case as it goes up to $8000, think about the time, effort and cost involved and then if you can really win. You need to pay filing fee and then for service of process, all over $280. I would advise that you try to nicely ask them to take a look at the photos... Read more »

1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: If a first name name is printed incorrectly by a notary on a will is it void it says Ronald instead of Robert

None

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

This should definitely be corrected, Ronald is a big difference from Robert and while you can try to claim it is just a typo scrivener error potentially, I would not rely on it and I would get it corrected, updated and changed as soon as reasonably possible. There is no real conceivable way someone... Read more »

1 Answer | Asked in Probate for Florida on
Q: We are filling out a petition for summary administration and need to clarify who needs to be listed for question #8...

Question 8 says: "The names, addresses, ages of minors, and respective relationships to decedent of all of his/her heirs, and devisees are as follows"

Do we just list the spouse and/or children of the decedent?

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

I am very sorry for your loss and please accept my condolences. I will note a few things for you here immediately, unless their is only one sole interested person related to the estate, it is extremely highly likely that the clerk of the court and or eventually the judge will inform you that you... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: I received my real estate license and would like to create an express trust instead of an LLC, is that legal in FL?
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 5, 2022

It appears that you are confusing a couple of issues here as well as their purpose. If your intent is to create a business entity, then you can create an LLC for your business purposes and needs and hopefully to limit any potential legal liability that you may be exposed to personally. On the other... Read more »

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1 Answer | Asked in Probate for Florida on
Q: My mother passed away 4yrs ago and her house has not gone through probate my understanding is I can do

Summary administration so I went to the clerk of court yesterday and the clerk told me I could not do that because it is over 6 thousand dollars and I have to have an attorney to go through probate. I live in Sarasota county Florida

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

Please do not take the advice of the clerk of the court or anyone not an attorney from this state because while they mean well at times and while they can be very helpful, they do not always advise property and nor should they be giving any such advice. You will likely need and should get a Florida... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I was left 90,000 more than 20 years ago and cannot locate where it is. A Massachusetts attorney recommended MAINE

That all I know

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

You likely need to start with an attorney in the state where this probate or matter took place. You should start with the deceased person's state of residence/domicile, where their Homestead was located and where their property/estate was probated. If there are monies due, it would be listed... Read more »

2 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: What kind of attorney can help me in a post divorce real estate settlement to ensure I get my fair share of the equity?

My ex-wife and I still live in our house. I want to sell the house. She wants to stay but says she won’t buy the house from me at a fair price and she doesn’t want to sell. The deed is in both names but the mortgage is in my name only. The home value is a lot more than what is owed and I feel... Read more »

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

Depending on what you divorce specifically says as it relates to the home and division of the home, there are likely options. Unless your divorce says otherwise or addresses issues, then you and your ex-wife need to reach agreement. You and your wife need to reach agreement and understanding,... Read more »

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4 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Do you have to file a will in Fl? Everything is left to the husband/wife. House & car is paid off.

Does probate need to get involved!?

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

Yes, you have an affirmative duty to file any Will with the clerk of the court in the county where the deceased person was a domiciled resident (where their Homestead is located). The Florida Statute says you must do this within 10 days, no one will hold you to that timeline. As far as requiring an... Read more »

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3 Answers | Asked in Probate for Florida on
Q: My grandfather passed and has 4 children. He had a will but it is not signed. What happens?

My aunt says that they can get the will to legal if all siblings agree, but my father is suspicious. There is not an executor of the estate that I’m aware of. He also owned his own company without a beneficiary.

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

I am very sorry for your loss on the passing of your grandfather, please accept my condolences for you and your family. A Will that is not signed is not a valid document that can be used and submitted to the clerk of the court and probate court. It is going to be important to get a Florida Probate... Read more »

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2 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: Can a beneficiary request that their inheritance be transferred to an account which is not in their name?

The account was opened by their girlfriend.

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

Maybe, not preferred and probably not likely. You would need to minimally provide some sort of a notarized document stating clearly in writing with your signature and witnesses notarized that this is what you want the estate representative to do, even then, it is likely that they will not be... Read more »

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1 Answer | Asked in Probate and Small Claims for Florida on
Q: What would I have to do to get my dad’s property & assets? 3 days b4 dying he transferred them N2 his sister’s name.

He had no will & was not married. He and his sister went to the county and transferred everything into her name. He died from cirrhosis of the liver, and any web search shows that cirrhosis causes confusion in late stages of disease right before death. Not that it matters, but my aunt has no... Read more »

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

I am very sorry for your loss on the passing of your dad. You would need to seek out a Florida Probate Litigation Attorney and discuss the matter with them with respect to your options. This would be related to undue influence and or your dad not having capacity to do what he did and related... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Accessing my deceased father's checking account?

His first and last name are same as mine. Before he passed we did a notarized will naming me as sole beneficiary. We also have a signed a notarized POD (PAY ON DEATH) for his checking account naming me beneficiary which I did upload to the bank, although I've heard nothing from them. I've... Read more »

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

I am very sorry for your loss on the passing of your father, please accept my condolences and sympathy for you and your family at this sad time. Generally, any assets with a pay on death designation will go directly to that named person. Whether you should be taking money out before hearing from... Read more »

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