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. Transfer deed after mother's death with no will, father on mortgage.

July 24, 2025

A: I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family and dad at this difficult and sad time. You will need to have an attorney review the deed, in addition, if your mom is the only person on the deed, with no rights of survivorship for your father or anyone, then some version of probate will be required, in addition, if this was Homestead, then special filings and protections that apply will need to be addressed in order to transfer the property and protect the property and any interest that your father has as a surviving spouse. Also, if there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply, this generally means to the surviving spouse via probate if all the children are from the same marriage, otherwise other rules may apply. You really will ned to address this via probate pending a review of deed and additional information that can be provided. ... Read More

Q. Selling home with son's objection on deed, wife passed away.

July 23, 2025

A: I am very sorry for your loss on the passing of your wife, please accept my condolences for you and your family at this sad and difficult time. The Deed needs to be reviewed, but if you have added your son to the deed and he is now an equal owner of the property you are stuck with him, adding anyone to a deed always has this and other dangers, generally, you would be better served with some version of estate planning if you want to leave anything to children or anyone, but since he is on the deed your options are limited, get him to deed it back, buy him out via a sale or refinance or purse a forced partition action, either way, based on what the deed says, you are stuck with him as an owner and he has an interest pending a review of the deed and how it is held and whether the transfer was valid when it was originally done (Homestead Laws between a husband and wife and valid execution of the deed that transferred any interest to your son). ... Read More

Q. Do I need a lawyer in both Florida and Arkansas for estate planning involving properties in each state?

July 16, 2025

A: You will be able to accomplish all of your estate planning needs with a Florida Estate Planning Attorney via and Will and or Revocable Trust that will be recognized and honored in both states. Special rules may apply in both or either state if a surviving spouse exists, but your estate planning attorney can help you address any issues and areas of concern. You will need guidance from a real estate attorney as it relates to the Arkansas property so that the deed is properly set up for estate planning circumstances in the Trust or otherwise but the single attorney in Florida will be able set-up a complete and clear estate plan for you as well in the manner that you desire as it relates to any potential Will, Living Will, Trust, Power of Attorney, HIPAA Waiver, Florida Healthcare Surrogate, Nomination of Guardián and so forth . ... Read More