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.
• Credit Cards Accepted
• 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. Can I keep homestead status (not exemption) on a property that was specifically given to me in a Will if I am a friend?

January 25, 2025

A: Since you are not an heir in accordance with Florida Statute, Homestead protection will not apply to you, see below:

Fla. Stat. 732.103 includes as “heirs” the following persons: descendants of the decedent, decedent’s father or mother, decedent’s brothers or sisters and their descendants, paternal and maternal kindred of the decedent (this includes grandfathers and grandmothers, uncles and aunts and their descendants), and the kindred of the last deceased spouse of the decedent and his or her kindred.

This means the property is not protected from estate creditors and claims, the property will subject to the attorney fees as well as PR fees.

The real issue is why this matter has been dragging on for 5 years already, that sounds like and feels like a very long time. You hopefully have your own attorney for probate and are not relying on the estate probate attorney and the PR, as they do not represent your interests, they represent the estate and the PR and your interest can diverge at some point or ongoing. You likely need your own attorney for probate to review these matters at this point. ... Read More

Q. Does Florida have a law concerning Homestead that if you are a divorced widow you cannot claim this exemption?

January 24, 2025

A: If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.

You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse, not a widow.

You must not have remarried.

Q. My daughter moved in with us, my question, how do we get her on our house deed so our home won’t go into probate?

January 24, 2025

A: I would encourage you to speak with a Florida Estate Planning Attorney, not only will they be able to help you with your Homestead issue, but they will be able to help you with respect to other important and pertinent estate planning documents such as a Will, Trust, Power of Attorney, Florida Healthcare Surrogate, Living Will, HIPAA Waiver and so forth. With respect to the Homestead property, it will be important to know what you are doing so that you do not impact due on sale mortgage clauses, document stamp issues or impact taxes or even qualifying for Medicaid. In order to address your present concerns, you can create a Revocable Trust that will accomplish your goals, or you can undertake to get an Enhanced Life Estate Deed (Ladybird Deed) drafted, both options will accomplish your goals and give you complete control of your property for your lives and no impact the Homestead protections that exist in Florida related to the property. ... Read More