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. when our dog died my wife wanted to create a charity in his memory.We filed an llc but after 5 years have done nothing.

December 30, 2024

A: If you do not timely pay your annual fees and renewal the State of Florida will Administratively Dissolve your LLC.

Florida Statute 605.0714 addresses Administrative dissolution. You can also go to Sunbiz.org and you can file your Articles of Dissolution and pay a $25 fee and you can close/dissolve your LLC.

Q. How do you receive a copy of your deceased parents will and trust?

December 27, 2024

A: If your parents are deceased and this is in Florida then the Will must be submitted to the clerk of the court in the county where they lived within 10 days of death per Florida Statute (nobody holds you to that deadline), but the Will must be submitted, you can then get a copy of it from the clerk. A reasonable Personal Representative and their attorney would give you timely a copy, but often this is not the case so you may need to get your own probate attorney to make sure your estate/probate interests are protected, remember, the attorney for the probate estate and Personal Representative does not represent you, your interests and often they will not be responsive or helpful to you. If there is a Trust and you are a named beneficiary, they must give you a copy per your request and they must file a notice of trust with the clerk upon the death of your parents, so again, they should and must be providing you these copies. At a certain point you may well need to secure your own attorney to make sure you and your interests are fully protected . ... Read More

Q. What would be the process to correct a deed after a person has passed?

December 19, 2024

A: Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's error of some sort, it may be possible to try to correct it. In your case the legal description, the most important part of the deed to some degree along with the signature, witnesses and notarization is erroneous and that is a problem, not a quick fix to be had I fear.