Evan Kyle Guthrie’s Answers

Evan Kyle Guthrie

Charleston Estate Planning Attorney.

Contributor Level 15
  1. Over two years ago, I transferred title to my son on my real estate property in South Carolina due to illness.

    Answered over 2 years ago.

    1. Evan Kyle Guthrie
    2. Joseph Franklin Pippen Jr.
    3. Ian Andrew Taylor
    4. M. Todd Miller
    5. Howard Robert Roitman
    5 lawyer answers

    If title is out of your name then the title to the real estate may be safe from creditors. The mortgage itself and the transfers may be more questionable and a real estate or estate planning attorney may need to read the terms to determine the creditor protection status further. Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal...

    8 lawyers agreed with this answer

  2. Is a will still valid if it has never been updated?

    Answered almost 3 years ago.

    1. Evan Kyle Guthrie
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    If the will was properly executed it is valid or legal. The death of beneficiaries or named personal representatives of a will does not invalidate the will. If you are the successor personal representative named in the will you will have the opportunity to be the PR. Contact a probate lawyer for more info. Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust...

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  3. If there is a will that reads all assests are divided up equal do you need to get lawyer involved when selling house?

    Answered over 2 years ago.

    1. Evan Kyle Guthrie
    2. C Steven Moskos
    3. James P. Frederick
    3 lawyer answers

    To make sure that everything is transferred properly it is recommended that a probate attorney be involved with the deed of distribution and a lawyer be involved with the actual sale of the property. Too many things could go wrong by doing it yourself and if you are the personal representative there may be liability. Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills...

    5 lawyers agreed with this answer

  4. My grandmother left me her house in her will however my aunt and mother don't want me to have it. What should I do?

    Answered over 2 years ago.

    1. Evan Kyle Guthrie
    2. C Steven Moskos
    3. James P. Frederick
    3 lawyer answers

    If the will was properly executed and submitted to probate court and states that you will receive the house then you should be able to receive the house if you have the legal capacity to do so. Contact a probate attorney for more information. Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family...

    5 lawyers agreed with this answer

  5. Parent passed away and held 1/3 share in a home. Parent's share was willed to me. Who is the home deeded to?

    Answered about 2 months ago.

    1. Evan Kyle Guthrie
    2. Carol Anne Johnson
    3. Anthony Ray Hicks
    3 lawyer answers

    It will most likely depend on how the home is titled. The will can only pass on assets that are able to be passed on by the will. The joint property may pass outside of the will. If the home passes by will then you can disclaim the property to make sure it passes to the survivors. A probate attorney can best help you decide what course of action is best. The home will most likely be passed on to the beneficiaries subject to the debts or mortgage attached to the property. The new owners...

    4 lawyers agreed with this answer

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  6. What can you do if someone is holding a Will after a death and my name is on it ?

    Answered about 2 years ago.

    1. Evan Kyle Guthrie
    2. James P. Frederick
    3. Kelly Scott Davis
    3 lawyer answers

    In South Carolina, a will must be filed with the probate court within 30 days of death or potentially face a misdemeanor. SC Code SECTION 62-2-901. Delivery of will to judge of probate; filing. Every executor, devisee, legatee, trustee, guardian, attorney, or other person having in his possession, custody, or control any last will and testament, including any codicil or codicils thereto, of any person dying must within thirty days after notice or knowledge of the death of the testator...

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  7. Is there any real danger of a lawsuit for slander for telling someone the reason for my divorce?

    Answered almost 3 years ago.

    1. Evan Kyle Guthrie
    2. Todd Nathan Hendrickson
    3. Richard David Peacock
    4. William N. Chambers
    4 lawyer answers

    Truth is an absolute defense to slander. Filing for a divorce under the fault ground of adultery does not constitute slander if there is evidence. A divorce attorney will be able to help you further. Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further...

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  8. How can I word my will to allow my companion to stay in my house til she dies or moves and then pass it to my sons?

    Answered almost 3 years ago.

    1. Evan Kyle Guthrie
    2. Stephen Fulton Shaw
    3. James P. Frederick
    3 lawyer answers

    I would advise extreme caution in trying to write your own will as there are many risks involved and things that could unintentionally go wrong. An estate planning attorney could best solve this situation and determine the best course of action. What you are talking about sounds like it could best be solved by a living trust or a will with a life estate provision. This would allow for the companion to live in the house for the remainder of her life and then pass to your sons on her death....

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  9. My sister changed the power of attorney to have 3 signatures required. Can we add names to checking accounts without all three

    Answered over 3 years ago.

    1. Evan Kyle Guthrie
    2. Michael Edward Atwater
    3. David L. Carrier
    3 lawyer answers

    The account that is already in the name of the sister can be accessed by that sister to pay bills because her name was on the account before incapacity. If you want to add additional names on the account you must get all three names listed on the power of attorney to sign. This is overly complicated though and defeats the purpose of the power of attorney. The account is liable for debts and creditors of any the sisters. If there are no concerns about abuse or trust you may want to get the power...

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  10. My father died three years ago and left $80,000 in his will to be split amonst the five childred.

    Answered about 2 years ago.

    1. Evan Kyle Guthrie
    2. James P. Frederick
    3. Denise Leydon Harvey
    4. Steven M Zelinger
    4 lawyer answers

    If the money was held in a joint account then the surviving joint account holder would most likely have a right to the money and it would not be a part of the probate estate. The money specifically bequested in the will would have to come from another source of assets in the probate estate and if there was none then the bequest can not be fulfilled. Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of...

    4 lawyers agreed with this answer