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

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• 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.
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• 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. Do we have to go through probate?

January 20, 2025

A: I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time.

If there are no assets in your mother's name alone then it is unlikely that any type of probate will be necessary, as long as you are sure nothing is outstanding and no belated refunds and or other checks arrive or assets become known, you can always do a probate then if such an event occurs, based on what you have described, no probate of any type seems necessary.

The Will still needs to be submitted to the Clerk of the Court in the county where your mom had her homestead (where she resided as a resident), this is required per Florida Statute, but nothing more would need to be done. ... Read More

Q. Florida. special needs trust signed in 1990 I have never been evaluated by Social Security or certified DISALED?

January 6, 2025

A: You would need to have the Trust reviewed by an estate planning and probate attorney, and you would want to make sure that the Trust is addressing your needs per the terms of the Trust, furthermore, the Trustees have affirmative duties and obligations to carry out the wishes of your father as stated in the Trust, regular and annual accountings, distributions in accordance with the terms of the Trust, etc. Irrevocable actually does not always mean Irrevocable for Trust purposes based on the circumstances and realities. You need to speak with an attorney in the state that governs this Trust for starters so that you can clarify your concerns and issues and see whether they can be addressed based on your needs. ... Read More

Q. Does a person who has the Power of attorney over someone have the power to change that person will and deeds?

January 1, 2025

A: Probably not, a review of the Power of Attorney would be required and an understanding of what you are doing and why, any actions as the agent of a Power of Attorney must be for the benefit of the person who gave you the Power of Attorney generally speaking, unless there is something in the POA that states otherwise giving you certain power, but this is usually not the case. A Will is a very personal thing, a POA changing it would be inappropriate, changing of property deeds and ownership would also usually not be appropriate, in addition, Florida is extremely protective of Homestead Property, so if the property is Homestead, it is likely even if you could change ownership, you would do more harm than good. Also, making changes of the sort that you mention, opens matters likely up to potential financial abuse of elderly or some type of undue influence at minimal and or misuse of Power of Attorney as the agent of POA. These are just some general thoughts and issues that may arise, you really should work closely and consult in further detail with a Florida Estate Planning and Probate Attorney where you can provide more specifics and get a more precise response. ... Read More