Phillip William Gunthert

Phillip Gunthert is an experienced Estate Planning & Probate attorney based in Central Florida who handles matters throughout the state of Florida.

After working for another firm, he founded his practice in 2011, with the guiding principles of wanting to provide accessible counsel to those seeking guidance & direction regarding both advance planning of estate matters and probate matters, in a down-to-earth and understandable manner. His testimonials endorse his commitment to his clients and his area of expertise.

When Phillip is not practicing law, he can be found spending time with his wife & 2 young children, catching up with rugby or watching Sci Fi.

• General Practice

• Free Consultation
  Free general consultations; if documents submitted for review, hourly billing will apply at a reduced rate to take into account the preparation time and consultation time.
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  Hourly and Flat-fee $0-$350 per hour

Florida

Since 2011

Barry University Dwayne O. Andreas School of Law

(2004)

The Florida Bar  # 0087575

Member

Current

Q. Will a trust prevent property tax reassessment on inherited Florida lakehouse than a Lady Bird Deed?

May 7, 2025

A: The Trust and the Enhanced Life Estate Deed (Ladybird Deed) if property drafted generally will not have any impact on the property taxes as the property would usually continue to be owned and controlled by your mom during her lifetime. Your current estate planning attorney should be able to address and explain this as it relates to the Trust and or Deed. It would be recommended that the Trust and current Deed be reviewed with respect to the property and the manner in which it is currently held. A new tax assessment related to property will occur should your mom pass away or ownership to the property changes. It is surprising that the property has low property taxes as you state when the property is not listed or claimed as her Homestead. Generally, property that is not Homestead has hefty taxes compared to Homestead property. ... Read More

Q. How to transfer deed from revocable trust in Florida?

May 2, 2025

A: You should have an estate planning/probate attorney review the Trust and the current property deed, generally, you as the trustee will transfer the property via deed to yourself from the Trust and then it will be in your name alone and not in the Trust name any longer and you can apply from Homestead exemption, sell it, refinance, or do whatever you please with it.

Q. Rights to father's home against his wife according to will.

April 28, 2025

A: I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult and sad time. In Florida the Executor is called the Personal Representative and until a probate is commenced and the court/judge authorizes this role and approves you and you qualify there is little you can really do, once approved in a Formal Probate you will get letters of administration, this lets you act on behalf of the estate and take all necessary actions related to the estate. You should be working closely with a Florida Probate Attorney for the probate filing and related things you will need to do for the estate. The surviving spouse has substantial rights regardless of what a Will/Trust or any other estate planning may say unless they signed a pre or post-nuptial agreement to the contrary, the surviving spouse usually has rights to the Homestead and a percentage of the estate. Regarding the home, the spouse can take/ choose a life estate or take a 50% interest in the home. Working with the previous spouse amicable to reach agreement is advised or it will just cost unnecessary time, delays and expense for everyone. The home will be sold, or she stays there for life and it reverts to you upon her passing, you will need an attorney to address these matters and pursue probate. ... Read More