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. Insurance company won't reissue refund check for deceased brother. What are my options?

June 13, 2025

A: I am sorry for your loss of your brother, please accept my condolences. You will have to reopen probate and then you will be able to address this via the probate court. The fee to reopen probate is minimal.

Q. Can Florida take my paid house if I default on my car loan?

June 10, 2025

A: If it is your Homestead property, then the answer is NO. If ti is some other property, issues and problems are likely to arise if they get a judgment, the Florida Constitution protects Homestead property from most creditor claims, such as credit cards, car loans and numerous others.

Q. What does waiving notice and hearing mean in probate proceedings?

June 10, 2025

A: You would need to have a Florida Probate Attorney review the documents you have mentioned so that they can see what is precisely being stated and requested and under what circumstances, any time you are being asked to sign any sort of a waiver by the estate/probate attorney and or Personal Representative of the estate, you need to assess and review what rights precisely you are giving up, delaying or entirely waiving. Generally, if you are not the Personal Representative of the estate, the estate attorney is not working for you or your interests, they represent the estate and Personal Representative, and as a beneficiary of the estate, your interests are likely to diverge and you should think twice before signing any waivers and giving up any rights without review of those documents. I would further say, if you do not have your own probate attorney, you are likely making a mistake. As a beneficiary you have specific and substantial rights, waiving any such rights could be error and costly potentially. Generally, but subject to actual review, the documents you mentioned are giving the estate additional time to produce a final accounting for the estate and for a petition to discharge the estate and the Personal Representative and it is also saying you are in agreement with these delays and additional time and no hearing on the matter will be required before the court/judge. You should be getting all documents reviewed and definitely any waivers you are being asked to sign ever by your own legal counsel. ... Read More