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Phillip William Gunthert

Phillip William Gunthert

  • Estate Planning, Probate, Business Law...
  • Florida
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Practice Areas
  • Estate Planning
  • Probate
  • Business Law
  • Real Estate Law
  • Elder Law
  • Consumer Law
Additional Practice Area
  • General Practice
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Hourly and Flat-fee $0-$250 hour
Jurisdictions Admitted to Practice
Florida
Languages
  • English: Spoken, Written
  • German: Spoken, Written
Professional Associations
The Florida Bar # 0087575
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Current
Legal Answers
49 Questions Answered

Q. someone i have had a disagreement with has my power of attournrey. ihave moved to fl from tn. the poa was made in tn.
A: You need to create a new power of attorney and notify any institutions or other parties that the prior/previous POA is no longer valid and that this new POA is the only one that they should recognize and accept. When you create a new POA, it usually always nullifies and previous POA documents within the new POA, but you still need to notify any holders of the previous POA of the attorney that the previous POA has ceased and as mentioned, you need to make sure anyone that could be accepting or recognizing the previous one is also made aware. I would further add, Florida has recently gone through substantial POA changes anyway, and that alone would be reason to update your POA here in Florida as well as any other estate planning documents that you may have that need to be updated.
Q. What happens if I fail to apear for a smalls claims mediation in Lake County florida
A: They will get a default judgment most likely and they win, then they will start the process of trying to find out about your assets and work towards trying to garnish your accounts and employment pay. It is advised that you attend the mediation, do not let them bully you, do not sign anything you are not comfortable with and cannot pay. Remember, this is a negotiation (give and take), they usually always try to bully and take, but stand your ground. If you cannot reach agreement then you will likely have a date set before a judge based on their calendar. If you have nothing or very little and are head of household, even if they win, they may be able to do very little, be aware, this could hang over your head for 10-20 years if they get a judgment so fight tooth and nail to reach a reasonable resolution. If all else fails and you owe other debts and have very little, consider seeing a bankruptcy attorney for further options and potentially trying to clear your debt/s. Remember, not showing up is never the right answer, you give the other side an easy win which they are most always counting on. Respond to documents the best you can, make demands for records and documentation, make them prove you owe, did not pay, their numbers are accurate and correct, they own the debt, they have a right to collect the debt and so forth. Many of these lawsuits are based on debt buyers paying pennies on the dollar for your debt, make them prove they have a right to collect the debt and that they own the debt now. Again, whatever you do, show up at least and do not give them an easy win.
Q. Mom passed no will. I live in house and pay everything. My brother forced his way into house wont leave and pays nothing
A: You need to have the deed reviewed in order to see how the property was held, if the property did not pass by operation of law based on how the deed was titled, then it is likely that some version of probate will be necessary in order to pass the property on to the legal beneficiaries in accordance with the Florida Intestate (without a Will) laws. If there was no Will and the deed does not help, you may well end up owning the property with all your siblings if there was no surviving spouse of your mother and they could force a sale through a partition action. You really are going to need to speak with a Florida Probate Attorney to get started and review everything to see where things stand and see what needs to be done.
Q. What do I have to do to put a condo I own in Florida into a LLC from Purto Rico
A: You really will need to get hold of a Florida Business Attorney. The LLC would have to be registered with the Florida Department of State for starters. Then you would need to look into all the details related to the property, insurance (is there a problem once it is transferred into an LLC), Mortgage due on sale or transfer clauses (could be an issue), document stamps, Why are you putting the property into an LLC (if it is liability protection, do you have the proper insurance for your business, do you treat your LLC separate from yourself, does the LLC have its own bank accounts, do you avoid commingling funds of the personal nature with your business accounts, has the LLC been properly funded, is there at least a secondary LLC member "piercing the corp. veil issues"). You can start by visiting the sunbiz.org site for an excellent starting point. You may well just be better off starting your own Florida LLC just for that property and or your business. Anyway, many more details would be needed and information necessary based on your precise business, circumstances as well as owners and near term as well as future plans for the business and property. There really is just no good way to easily answer such questions in such a limited forum like this online. Your starting point if you want to wing it alone (not recommended of course), go to sunbiz.org and look up the process of registering a foreign LLC in Florida which is called a foreign qualification. I am also assuming that you already have a good operating agreement for your presently existing LLC as well.
Q. Entering fathers home during probate.
A: Very sorry for your loss on the passing of your father, please accept my condolences. You should not feel bad if you are able to gain access and do the work yourself, I would encourage you to track all expenses related tot he property and the estate as well as create a list of the entire inventory of the house that has any reasonable value. You will want to contact a Florida Probate Attorney, depending on the size of the estate and the type of assets that have to go through probate will determine the type of probate that has to be pursued. If there is a Will you should make a copy of it and submit the original to the clerk of the court in the county where you dad lived as soon as reasonably possible (the law says 10 days from death but no one will hold you to that timeline). Hiring a company that handles cleaning and such may be easier because you can submit the bill and there is no doubt or questions from the other interested family and siblings, if you do it yourself, make sure you track everything the best that you can. As you go through the papers you will see if his accounts had beneficiaries listed or if the asset has to go through probate. You really need to get on the same page with all the siblings per a Will or otherwise and get hold of a probate attorney.
Q. Life Estate quit claim deed question
A: Very sorry for your loss and the passing of your relative, please accept my condolences. You will want to speak with a Florida Probate Attorney. You will want to send the attorney a copy of the deed for review and you will need to determine if a probate is necessary. Depending on the type of assets and size of the estate, this will determine the type of probate that is necessary, if any. Usually, if the deed has been properly drafted, then all that may be necessary is a recording of a death certificate. Issues could potentially arise as it relates to homestead (if the property was homestead) and depending on who survived the deceased (surviving spouse). Usually, a life estate means just that, to the named person for their life and then to whomever else is listed after that life estate. The quit claim deed should already be recorded in the property records in the county where the property is located at the court house, if not, it should be and the same goes for getting the death certificate recorded. If there is a Will, it must also be submitted to the clerk of the court in the county where the person lived. Your starting point should likely be to find out whether a probate was started and or speaking with a probate attorney.
Q. My mom passed away in Florida in February of this year. She died intestate and with a legally insolvent estate.
A: Very sorry for your loss and please accept my condolences. As you have stated, there are no assets and you have not co-signed on any debts. There is no responsibility or requirement to open a probate ever. You can comfortably and entirely ignore all creditors, they are out of luck and have no ability to collect against you based on what you have listed and reported above. Creditors will try to find someone willing to pay, I would not waste any time with them whatsoever.
Q. Greeting, How can I get a service from a lawyer for free of charge? Thank you very much.
A: Contact the Florida Bar or your county bar association and if you qualify they will likely refer your case to one of their pro bono attorneys, at times individual attorneys take cases on as well for people in need based on the case, issues and circumstances.
Q. I am on a fixed income. My friend passed. I'm told I need the will probated
A: I am very sorry for your loss and the passing of your friend, please accept my sympathy and condolences at this difficult time. In Florida you will need to get a Florida Probate Attorney in most circumstances in order to help you out and to file the probate. If you are named in the Will as the designated Personal Representative then you will be the person that likely will and should contact a Florida Probate Attorney, if there is a surviving spouse or children, they may well have some say so as well based upon Florida Statutory Law of based upon what the Will states. The type of probate that will be required will depend on the type of assets and the value of the assets that have to go through probate, at times a quicker and easier probate can be filed if the value of the estate that has to be probated is less than $75,000, this would not include your friend's homestead if they had one as it would be considered separate from the assets that may need to be probated. Your starting point, a Florida Probate Attorney.
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