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. Is immediate deed transfer necessary as executor/beneficiary in Florida?

June 29, 2025

A: While an estate planning and probate attorney will need to review the trust for a more precise and correct answer based on the actual terms of the trust, the general answer to your questions is that it should not be a problem as long as the terms of the trust are being followed and addressed. In general, a Trust, unless stated otherwise is intended to be distributed within a year or so. An issue that will no doubt arise will be related to Homestead and Taxes related to Homestead protections, this will need to be addressed since the previous owner is now deceased, and many counties can be very aggressive about this ongoing. I notice your question is posted in Miami, and if this is where the property is as well, the Miami-Dade Tax assessors and particularly as it relates to Homestead can be uber-aggressive to say the least, the terms that come to mind are actually not fit for posting on this forum but are definitely applicable for how they operate in general based on my experiences with them ongoing, so be aware. ... Read More

Q. How can I find out if a trust is closed as a beneficiary?

June 25, 2025

A: There should be a notice of trust submitted in the county where the deceased lived (if they are deceased), you as beneficiary are entitled to a copy of the rust and you are entitled to regular accountings and various other rights you have and the trustee has obligations to do ongoing. You should demand these things, but you may need to get an estate planning/probate attorney involved as well to advocate and make demands on your behalf.

Q. How can my friend prove ownership of Florida land without a copy of her late husband's Will?

June 18, 2025

A: This is a Florida Probate Matter, you will need to get a Florida Probate Attorney to pursue some version of probate in Florida, if a probate was already done in another state previously, an ancillary probate will be required in Florida for the property. A copy of the deed will also be helpful to review, but you are looking at an intestate probate (without a Will) and where the Florida intestate statutes will apply. The precise type of probate required will depend on the type of assets and their overall value that have to be probated in Florida, if the property is under $75,000 then a Summary Administration Probate may be able to be used, usually faster and more efficient.