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. Should I be listed as both the grantor and grantee in the quit claim deed?

August 20, 2025

A: I am sorry for your loss and the passing of your mom, please accept my condolences for you and your family. You will need to speak with and work with a probate attorney, they will need to review the deed, Will and any Trust, much depends on how the property was precisely titled at your mom's passing, it is further likely based on the preliminary information that you provided that some version of probate may be required in order to undertake and complete any transfer of the property to you and or any other named beneficiary. Florida Homestead has additional rules and protections that apply, so additional filings and rules may apply. If the property was never put into the name of the Trust and the deed does not convey the property ownership upon death, then probate will be required. I would encourage you to speak with a Florida Probate Attorney in order to get started and get direction on what needs to be undertaken and done. ... Read More

Q. How can I sell my Florida property without incurring high costs to add my name to the deed?

August 18, 2025

A: If your name was never added to the property, then this is likely a probate matter and a probate will need to be done to get you added to the property (have it legally conveyed to you via the probate court), some law offices will work with you and let you pay some or most of their fees via the sale of the property, you may have to come up with some initial filing fees, but this varies from law office to law office. A review the most recent/current deed will be necessary and then a specific determination on whether a probate is needed and what type (likely just a summary administration and petition to determine homestead status of real property), but you will need to work with a probate attorney if the property was on in your mom and dad's name alone. ... Read More

Q. What percentage of home sale proceeds might a husband receive when he's an equal owner with his son?

August 12, 2025

A: It depends upon what happened upon the passing of the spouse and what the deed says. It also depends on what was done with deed when the son was added. The deed needs to be reviewed and or a probate potentially done. When the son was added to the deed in 2014 will be important, was it equal 1/3 shares, was it with rights of survivorship, etc. Without seeing the deed and or any potential probate outcome the husband likely owns at least 1/3 but it could be 50% or even 2/3 ownership. The deed review if the starting point.