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. Rights to father's home against his wife according to will.

April 28, 2025

A: I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult and sad time. In Florida the Executor is called the Personal Representative and until a probate is commenced and the court/judge authorizes this role and approves you and you qualify there is little you can really do, once approved in a Formal Probate you will get letters of administration, this lets you act on behalf of the estate and take all necessary actions related to the estate. You should be working closely with a Florida Probate Attorney for the probate filing and related things you will need to do for the estate. The surviving spouse has substantial rights regardless of what a Will/Trust or any other estate planning may say unless they signed a pre or post-nuptial agreement to the contrary, the surviving spouse usually has rights to the Homestead and a percentage of the estate. Regarding the home, the spouse can take/ choose a life estate or take a 50% interest in the home. Working with the previous spouse amicable to reach agreement is advised or it will just cost unnecessary time, delays and expense for everyone. The home will be sold, or she stays there for life and it reverts to you upon her passing, you will need an attorney to address these matters and pursue probate. ... Read More

Q. Can I name my nonprofit 'Nabby' despite existing for-profit businesses with similar names?

April 25, 2025

A: No, the name will be deemed too similar and will be rejected when you submit the application paperwork. You can go to the Florida Department of State website and try, and this likely will be timely confirmed with notification that you have to pick another name.

Q. How can I transfer land deeds to my name after family members' passing without a will?

April 23, 2025

A: This is going to be a probate matter, I would encourage you to speak with a Florida Probate Attorney as there will likely need to be a probate done of your grandfather's estate and then one done for your father's estate in order to determine the heirs/beneficiaries of the estate, a review of the property deed/s would also be in order as they may pass based on the manner in which they were held at the time of death. You will need a probate attorney to handle and address these matters. Whether the property was Homestead or not will also matter, as additional and special rules apply to Homestead property in Florida.