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Phillip William Gunthert

Phillip William Gunthert

  • Estate Planning, Probate, Business Law ...
  • Florida
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Claimed Lawyer ProfileQ&AResponsive Law
Practice Areas
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Elder Law
    Consumer Law
    Class Action, Lemon 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
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Languages
  • English: Spoken, Written
  • German: Spoken, Written
Professional Associations
The Florida Bar  # 0087575
Member
Current
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Legal Answers
354 Questions Answered
Q. Death was 9\15\21. How soon does personal representative have to register will at probate court?
A: In Florida, the statute states that any Will must, and I emphasize must be taken to the clerk of the court within 10 days, no one ever does that for the most part, but it is the law. If they fail to do this or do their duties in general related to the Will and or any Trust, then you need to get an attorney of your own to look into this and or even to open a probate as needed, if one is needed. It may well be that no probate is needed and there is no law that says one must be done at all, but any Will. must indeed be taken to the clerk of the court in the county where they were a resident/domiciled/had their homestead. Below is the actual statute; Pursuant to Florida Statute 732.901, the original Last Will and Testament of a deceased person must be deposited with the Clerk of the Circuit Court having venue of the estate of the decedent within 10 days after receiving information that the testator (a person who dies leaving a Will) is dead.
Q. How much time does a designated Trustee have to register a benefiary trust?
A: Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following; 736.05055 Notice of trust.— (1) Upon the death of a settlor of a trust described in s. 733.707(3), the trustee must file a notice of trust with the court of the county of the settlor’s domicile and the court having jurisdiction of the settlor’s estate. While no specific timeline is listed, you should give notice of trust as soon as reasonable (upon the death= pretty much immediately), a Will has to be submitted within 10 days of death, it also says must for the Will, but hardly anyone ever meets that deadline and nor will anyone hold you to those deadlines that I have encountered as of yet, but you should give notice as soon as you reasonably can, therefore, sooner than later.
Q. How is a revocable living trust converted to a irrevocable dynasty trust upon the death of the settlor?
A: You will want to speak with an attorney in the state where you are domiciled and reside as a resident (where your homestead is and where you spend the majority of your time), I mention this because it will be important related to all of your estate planning with things such as your Will, Living Will, Durable Power of Attorney, Nomination of Guardian, HIPAA Waiver, Florida Healthcare Surrogate and so forth. There are a number of states that are extremely good as far as it relates to a Dynasty Trust, for instance, Florida can last up to 360 years plus, that is a long time. South Dakota currently claims and lists itself as unlimited and perpetual (I am sure this has been discussed in some version of a seminar), but no matter, you would need to speak with an attorney from any specific state where you want your Trust drafted. I am of the definite and strong opinion that your Trust and related estate planning documents should have a situs of the state where you are living (for this it appears to be Florida). You also need to have a discussion based on your immediate needs and goals for yourself/spouse/children/grandchildren related to the Trust. Your overall assets will also have an impact as currently for 2022 you can put up to $12.06 million into a Trust (doubled for a married couple) with no tax consequences. If your estate is substantially larger, you will want and need to discuss and understand your options further. This forum is not set up or appropriate for the details you will need and want to discuss, you will no doubt need to speak with individual attorneys and weigh your options form there and get further details and specifics based on your precise goals and needs.
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Contact & Map
The Law Offcie of P.W. Gunthert, P.A.
821 Herndon Ave. PO Box 141055
4767 New Broad Street #1030
Orlando, FL 32803
Toll-Free: (866) 894-4945
Toll-Free: (866) 894-4945
Telephone: (866) 894-4945
Telephone: (866) 894-4945
Cell: (407) 580-5491
Cell: (407) 580-5491
Monday: 6 AM - 8 PM
Tuesday: 6 AM - 8 PM
Wednesday: 6 AM - 8 PM (Today)
Thursday: 6 AM - 8 PM
Friday: 5 AM - 9 PM
Saturday: 5 AM - 9 PM
Sunday: 5 AM - 9 PM
Notice: Law Office is available via email 24-7 at phillip@gunthertlaw.com.
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