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 transfer land deeds to my name after family members' passing without a will?

April 23, 2025

A: This is going to be a probate matter, I would encourage you to speak with a Florida Probate Attorney as there will likely need to be a probate done of your grandfather's estate and then one done for your father's estate in order to determine the heirs/beneficiaries of the estate, a review of the property deed/s would also be in order as they may pass based on the manner in which they were held at the time of death. You will need a probate attorney to handle and address these matters. Whether the property was Homestead or not will also matter, as additional and special rules apply to Homestead property in Florida.

Q. Will I face trouble for using funds as TOD during probate?

April 23, 2025

A: I am very sorry for your loss on the passing of your aunt, please accept my condolences for you and your family at this difficult time. Accounts that are Transfer on Death or Pay on Death to a designated beneficiary are not estate and probate assets, rather those assets/accounts go to the named beneficiary outside of probate and they are free to do with those assets as they please, only assets that must be probated are subject to potential creditors generally speaking. I would advise you to speak with your probate attorney or a Florida Probate Attorney if you have not already secured one and or if you have any confusion or questions. Again, assets of the type you have described pass outside of probate or claims of creditors usually. ... Read More

Q. Should I obtain a power of attorney in Florida or Ohio for my sister's medical decisions?

April 22, 2025

A: I am very sorry for your sister's health issues and struggles. I would advise that since she is in Florida and you will need to use it in Florida you should get one in Florida, the State of Florida is extremely particular about the Florida Power of Attorney (POA) as well as the Health Care Surrogate as well as various other estate planning documents, in addition, a POA in one state should work fine in another state, with some particularity exceptions, for instance, Florida being very picky about what they want and how they want it said is generally an exception to that rule. I would therefore advise you go with the Florida one and you should be able to use it in Ohio as well.