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. Filing documents in Volusia County FL for unclaimed property over $300K

April 8, 2025

A: If the probate court is involved, then some version of probate will likely be required as the asset was likely never put into the name of the Trust I would suspect and therefore a probate will potentially be required. If this is in Florida, then you will need a Florida Probate Attorney and have them review the documents and information that you can provide. If the money is with the state, then they will usually tell you precisely what they require, what forms and documents completed or what letters or orders from a probate court.

Q. Can creditors place a lien on my Florida house for my wife's debt?

April 8, 2025

A: The Florida Constitution protects your Homestead and therefore they cannot force sell your Homestead for credit card and or other types of judgments that do not directly relate to the Homestead property (Mortgage, taxes, home improvements, etc.) .What they will do is get a blanket judgment on all non-exempt property in the county if they win a judgment, again, your Homestead would be protected via taking the steps in Florida Statute Section 222.01 "Notice of Homestead" which is completed and recorded in the county records. The judgment lienor then has to initiate a legal proceeding within 45 days to contest the Homestead protection. If the judgment creditor does not file an action within 45 days, then the lien will be removed from the Homestead and the owner of the property can pursue to sell or mortgage the property any time during the next 180 days. So, while they cannot take your Homestead as it is a protected asset in Florida, they can cause headaches of this nature. ... Read More

Q. Can I file for personal property distribution to reimburse funeral costs in FL?

April 1, 2025

A: I am very sorry for your loss on the passing of your sister, please accept my condolences at this sad and difficult time. You will want to contact the clerk of the court in Leon County, Florida, that is Tallahassee and ask them for the documents for a probate for "Disposition of Property Without Administration", you may be able to go online and find them as well on the clerk of court website but clerk's try to be very helpful always and if you call they will be able to direct you. Below is the Florida Statute that would apply and which you would use to accomplish this specifically, as you can see, from your described circumstances this would qualify clearly.

735.301 Disposition without administration.—

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the State Constitution, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.

(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon. ... Read More