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

• FaceTime
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• MS Meet Now; Google Meet

• 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. How to change beneficiary and executor in a revocable trust in Florida?

May 29, 2025

A: Depending on how old your trust is and how substantial the changes the changes are that you need will determine whether a restatement of trust or amendment of trust will be necessary, you will have to work with a Florida Estate Planning Attorney.

Generally, the restatement of a trust will completely replace the original trust document with a new one and an amendment of the trust will only modify specific provisions of your existing trust documents. You normally would us the restatement of the trust when substantial and significant changes are needed and or necessary or if the trsut you have is substantially outdated. On the other hand, the amendment of trust can be used and is most useful when relatively minor changes and updates need to be made to your trust documents.

I would further add, based on the time that has passed, you may want to look at and review and possibly update your Will, Living Will, Power of Attorney, Florida Healthcare Surrogate, HIPAA Waivers, Nomination of Guardian and so forth if needed and necessary. ... Read More

Q. Can a lien be placed on a Florida home owned as "Tenants by Entirety" due to husband's medical bills?

May 28, 2025

A: Medical bills cannot be attached to a property held as tenants by entireties if debt is only against one spouse and if it is Homestead there is no way to attach to such a home either as it is protected, if death occurs, the property is also protected in Probate.

Q. How can I resolve deed discrepancies and transfer property after inheriting from deceased relatives in Florida?

May 23, 2025

A: You may be required to pursue probates, If a deed transfer is invalid for any reason it could result in a defective title and lead to questionable or unclear ownership and the property cannot be sold or insured and getting title insurance will be problematic. The result of this is that the transfer/s never legally passed legal title to anyone and therefore didn't legally pass ownership. A probate proceeding might be needed to in order to address these issues and clarify ownership and create clear title which will also ultimately who is the rightful owner. In addition, it is possible that a real estate attorney may be able to address the title issues, but I am of the opinion probate will be necessary if invalid deeds were created and transfer of ownership failed. ... Read More