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

• 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 husband's rights override stepson's power of attorney in FL?

May 21, 2025

A: I am sorry for your struggles, the power of attorney will override the ability of the spouse (you) to make decisions in the State of Florida, you would have to petition the court for guardianship or you would have to get a power of attorney to override and replace the one that the son has in place if your spouse has mental capacity to do so presently.

Q. Where to find a free Durable Power of Attorney document in Florida covering financial, healthcare, and personal matters?

May 21, 2025

A: Florida went through a lot of changes in recent years and a lot of what you will find online is unreliable and inaccurate, or it will be from another state and Florida financial institutions and other entities will simply reject them and not accept them, so you have to be cautious. Most estate planning law firms pay substantial sums to have updated documents and legal resources and templates that are updated 3-4 times per year for things such as the Durable Power of Attorney and to make sure it is legal and accurate in accordance with Florida Statutes and Laws, I do not think you will be able to find an attorney that will feel comfortable recommending a free online source because they simply will not know if it is updated and or accurate at all and will not have had time to review it. You would be best served to check with legal aid in the county where you live with the county bar association, otherwise you will have to call around and get quotes from estate planning law offices. At times the clerk of the court may have online documents in some counties, but it is a hit or miss situation based on what they provide online that you can access for free. In many instances a Florida Durable Power of Attorney is longer and more complicated than a Will, so be aware and if your do not get it right, it will be rejected as financial institutions are extremely particular with what they will accept. Your county bar in my opinion would be your best option. ... Read More

Q. Is probate required in FL if spouse dies with trust and will?

May 18, 2025

A: I am very sorry for your loss and please accept my condolences on the loss of your spouse for you and your family at this difficult and sad time. No, probate is not required unless there are any assets in the name of your spouse alone that would need to be addressed via probate, based on what you have stated that does not appear to be the case. You do have to submit the Will to the clerk of the court within 10 days of the person's passing in accordance with Florida Statute, while no one will hold you to the 10 day rule, it is a requirement, you should do it as soon as reasonably possible with the clerk of the court in the county where your spouse was a resident in Florida (where your homestead is/was). In addition, a Trust keeps matters private, but you will need to submit a document/legal document called a notice of trust with the clerk of the court as well, but that is all, again, just a notification. For reference, see the below in part the listed statute:

Florida Statute 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. ... Read More