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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
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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
136 Questions Answered

Q. My wife and I want add our daughter’s name to the deed for our home still mortgages. In Florida, what are the steps?
A: Contact the mortgage company regarding due on sale/transfer clause issues, contact the insurance company for the home, contact the county tax collector regarding document stamp issues/sums, determine if a quitclaim deed will be sufficient, if this is your primary residence "homestead", determine how this will impact your homestead exemption if you get it on this property. You may want to speak with a Florida Estate Planning Attorney and see if this is a better route to handle and address the property through maybe a Revocable Trust. You will want to discuss the reasons for wanting to add your daughter also to the property at this time and if other options are potentially better and far more suitable.
Q. Husband and I had capital one credit card, someone bought the account and is taking me to small claims
A: Yes, always be sure to show up and fight them as they are always trying to get default judgments, that is their game mainly. Also, they bought the debt, they need to prove they have ownership of the debt and are the rightful person to collect upon it, can they prove they are the owner and the debt is correct and accurate and most vitally, has the statute of limitations on the debt run out, you say as early as 2015, the time to file action and collect is usually 4 years on a cc debt, the debt may not be collectable, do not make their job and ploy as debt buyers easy by simply not showing up and giving them a default judgment (those hang over your head for 10-20) years and then they start making all sorts of demands and collection garnishment efforts, so, you are better off fighting them upfront and putting them to task to prove they can collect on it and that it is still valid, never ever just let them get an easy win default judgment. If this debt has not been paid in over 4 years and no lawsuit or judgment was given within that period, as I said, they may not be able to collect at all if you raise this as a defense. Again, allow not for the debt buyers life to be easy by not fighting them and making them show proof of ownership and ability to collect.
Q. How to claim my mothers life insurance the fastest? Been in probate for years I’m only 20 with no family in the US left
A: An attorney in the state where this took place would need to review the matter, the Will and Trust would need to be reviewed, why the probate is dragging on for years would also need to be explained. Life insurance passes to the named beneficiary outside of probate if there is a named beneficiary, the fact that your father passed away so close to your mom is potentially a problem with respect to survivor periods. There is a lot that would need to be reviewed and addressed and that is why you have your attorney that has been working on this available (hopefully), it is impossible to guess all the small details without having all the information right in front of you, that would entail time and costs to review what the current attorney is already doing. You would need to look at your mom's will and her Trust, your father's will and where those assets went and where did the life insurance go since your dad passed away so closely to your mom, it sounds like it went to your grandmother. You would need to follow through on both probates based on who the named petitioner/ personal representative in each probate was when it was done. A review of the Wills would be useful because you could see who the named beneficiaries are and how the assets should be distributed, whether to the Trust, outright or by other means.
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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
Thursday: 6 AM - 8 PM (Today)
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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