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. Can I obtain a copy of my father's trust in Florida if I'm a beneficiary?

February 19, 2025

A: I am sorry for your loss on the passing of your father, please accept my condolences for you and your family.

As a beneficiary of a Trust, you have numerous rights and the Trustee has substantial affirmative duties and obligations. As a named beneficiary of the Trust, you are entitled to a copy of the Trust, you are entitled to accounting, inventory and so forth.

Upon the death of your dad, a notice of Trust should have been done with the county clerk of the court where he was a resident and any Will that exists should have been submitted to the clerk of the court for safe keeping as well for any future necessary probate, if any.

You may need to get an attorney to follow-up and make demands on your behalf, but minimally you should start with a certified written request for the copy of the Trust and probably an accounting. ... Read More

Q. My mother wants to gift/sell a home for half the value. Is she able to gift this without any tax implications?

February 11, 2025

A: Generally, it is better to inherit a home via estate planning and or a proper deed (enhanced life estate deed, ladybird deed) as you will get a stepped-up basis for the value of the home at or near the date of death. If the asset is gifted then a gift tax form will need to be completed and sent to the IRS, currently you can give $19,000 each year and a lifetime amount currently set at $13.99 million for 2025, so for most people you basically just have to fill out the forms and submit and report it to the IRS and there are no tax consequences whatsoever, unless of course the assets owned by the gifting person substantially exceed that $13.99 million threshold. I would advise to speak with a tax preparer if there is any confusion or doubt and with an estate planning attorney if proper estate planning is desired for this and other assets via a Will and or Trust as applicable under the circumstances. ... Read More

Q. Bought house me as borrower mom coborrower what happens to property if one out live the other both no will

February 7, 2025

A: I would encourage you to have the current deed reviewed, based on how the deed is held it may transfer upon death (review needed). In addition, I would encourage you to consider having a proper estate planning done with respect to a Will and or other documents as well as a Deed with survivorship rights if that is what both of you want or think needs to be done, an estate planning attorney can better advise you and respond to you based on your precise circumstances.