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.

Barry University Dwayne O. Andreas School of Law

(2004)

The Florida Bar  # 0087575

Member

Current

Florida

Since 2011

• Free Consultation
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  Hourly and Flat-fee $0-$300 per hour

Estate Planning

Health Care Directives, Trusts, Wills

Probate

Probate Administration, Will Contests

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Consumer Law

Lemon Law

Real Estate Law

Neighbor Disputes, Residential Real Estate

Elder Law

• General Practice

Q. My brother sent me a check for over $50,000 his name was also on my mother's checking account for the last 2 years

September 19, 2022

A: I am sorry for your loss on the passing of your mother, please accept my condolences. Be glad that you go the check at all and that your brother did what your mom wanted (cash it or deposit it asap), legally your brother had zero obligation to give you even a penny of that money if his name was on the account already as a joint owner or if he was the designated Pay on Death beneficiary. Upon death he legally became the sole owner of those accounts and monies, so it is great that he sent you your part. As far as gift tax, this is usually just a reporting form, form #709, speak to your tax preparer or accountant or look it up, but generally, it is just a reporting form as most people do not end up owing any taxes in their life (this can change if you are a multi-millionaire and thus you need to speak with a tax person), but generally, the first $16,000 for 2022 is fine and sums above that are reported on form 709 but are not taxable (just a reporting and tracking form).

Q. My mother passed away in 2016. Her sister and mother "tried" to record a quit claim deed that mother supposably signed.

September 19, 2022

A: You will want to have a Florida Real Estate or Probate Attorney look at the probate documents and or any deed/s that may exist, if a probate was done as you have mentioned, then there should be an order from the probate court/judge that specifies the property as homestead or real property as being owned by you, this document should be recorded in the property records, if this was not or has not been done, then you may want and need to revisit the probate. There should have been a Petition to Determine Homestead Status of Real Property or similar done and there should have been an order related to this petition and the property should have been put in the proper heirs/beneficiaries names and recorded by you or the Personal Representative or Petitioner of the estate. So, the deed and previous probate should and will be your advised starting point. This may clarify things and may allow you to circumvent having to deal with the aunt maybe.

Q. I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.

September 16, 2022

A: I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will be required. Generally, any assets in your dad's name alone that do not have some sort of pay on death or joint ownership or other transfer designation attached to them will need to be probated. In most instances a probate court/judge will end up require you to have a probate attorney. If there is no will, then the Florida Intestate Statutes (without a Will) are going to be applied, this generally means the assets will go to the surviving spouse and or children based on the circumstances. Once you provide additional details to a probate attorney, they will be able to more precisely advise you on what steps you may want or need to take.

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