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. How can I obtain an affidavit that states the estate is not indebted. I have a will leaving everything to me.

April 9, 2024

A: It depends on the type of assets that will be part of the estate and what their overall value is which will determine the type of probate, if any, is needed and applicable. The Will may need to be probated and in order to do a probate you likely will need a probate attorney based on the type of probate filing that will be necessary. If the only asset is the vehicle, you may be able to go to DMV and get the vehicle transferred if you qualify under the rules that are applicable. Any other probate matters and documents and filings will be able to likely be provided by a probate attorney based on the needs and circumstances. The DMV online has this on their site for the non-indebted transfer of the vehicle, agian, if applicable and you qualify based on Will and probate laws. ... Read More

Q. How can I transfer ownership of my deceased parents property in Lehigh, Florida ?

April 6, 2024

A: I am very sorry that you have lost both of your parents. The answer to your question is that it depends, you will want to have the property deed reviewed by a probate attorney and it is possible and even likely that you will need at least one probate done and possibly two if your dad's probate was never done, while the property may have transferred from your dad to your mom, pending review of the deed will determine this portion of things. If no probate was ever done for your dad, it is possible that any assets in his name that never transferred may have to be probated, if this is not an issue, you are still likely stuck trying to pursue some version of probate minimally for your mom in order to get the home and possibly any other assets in her name alone in your name. An attorney will need the property deed, death certificates, a copy of the Will (The original needs to go to the clerk of the court in the county where they were residents and had their homestead). You will end up needing a Florida Probate Attorney for this and to accomplish this transfer of the title to your name (likely a petition to determine homestead will be required) amongst other things. A Florida Probate Attorney will be able to help you, once you provide additional information and specifics, they will be able to give you more precise answers and advice. If it has been more than two years now since your mom's passing a different version of probate may be able to be used by the probate attorney and definitely for your dad if anything is required at all, but it depends on your discussion with legal probate counsel and what is precisely determined. Both Wills should be reviewed and since you are the named Executor (called a Personal Representative) in Florida, this should all be able to be addressed. ... Read More

Q. How easy/ quick is it to ADD a beneficiary to a WILL & TRUST?

March 18, 2024

A: You will need to have a Florida Estate Planning Attorney look at and review the Will and or Trust and see what can be done and under what circumstances. Hopefully the grantors of any Trust or any other estate planning documents are alive and have proper mental capacity, in addition, they will need to reach out to an estate planning attorney to address their needs and concerns. If a Will is being changed it can generally be done via a codicil, this should not be too difficult, but the Will would need to be reviewed. If the Trust is being changed then an amendment or restatement must be done based on the circumstances and what precisely need to be changed and or updated. Any changes will require signature, witnesses and notarization, there should also be no undue influence as this can cause problems later as well in some instances. Easy and Quick are not terms that I would use per above and based on what potentially needs to be reviewed and done so that issues do not arise later. ... Read More