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. Can I file for personal property distribution to reimburse funeral costs in FL?

April 1, 2025

A: I am very sorry for your loss on the passing of your sister, please accept my condolences at this sad and difficult time. You will want to contact the clerk of the court in Leon County, Florida, that is Tallahassee and ask them for the documents for a probate for "Disposition of Property Without Administration", you may be able to go online and find them as well on the clerk of court website but clerk's try to be very helpful always and if you call they will be able to direct you. Below is the Florida Statute that would apply and which you would use to accomplish this specifically, as you can see, from your described circumstances this would qualify clearly.

735.301 Disposition without administration.—

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the State Constitution, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.

(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon. ... Read More

Q. How do I proceed with a buyout of other property shareholders in FL?

March 29, 2025

A: A review of the property deed would be necessary and then a probate of the estate of any deceased beneficiary (your aunt), you could commence a probate of her estate and that would get their attention potentially if they are not interested, also, an offer to your uncle for his 1/3 share. Until your aunt's portion with her beneficiaries can be clearly established, you will have a difficult time making headway. Potentially having an attorney reach out with your financial offer may help, but you likely also need to get an appraisal or at least comparable value from a real estate agent to get negotiations going. Any expenses you have you may be able to claim and recuperate, but if you have been living in the property you likely should have been paying FMV rent as well, as you can see, it gets complicated. If you cannot reach agreement, then forced partition becomes an option eventually, but clarifying ownership via probate on the aunt's portion is likely you starting point. ... Read More

Q. How to transfer a home from mother to daughter in Florida due to health concerns?

March 26, 2025

A: I am sorry to hear about your mother's health struggles related to her stroke and hope she will recover and improve soon. Transferring a property can be problematic, this is especially true if it concerns a Florida Protected Homestead as special rules, laws and protections apply to it. Also, transferring any asset could have potential negative impact on Medicaid and qualification for benefits (remember there is a 5-year lookback period), furthermore, transferring a property when someone is lacking or has limited mental capacity (such as with a stroke) could cause problems ongoing or later if someone raises the issue related to undue influence or similar even if everyone appears to initially be in agreement, so be aware. I would advise that some version of proper estate planning would be what needs to be done related to a Will, Power of Attorney, Florida healthcare Surrogate or even a Trust as an option amongst other estate planning documents. Specifically related to the property, possibly an enhanced life estate deed (ladybird deed) may want to be considered along with the above estate planning or separate related to the property alone. Your starting point where you could provide additional details, and information would be with a Florida Estate Planning Attorney where they could more precisely advise you based on the additional specifics you can provide. ... Read More