Evan Kyle Guthrie’s 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...

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...

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...

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...

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...

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...

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....

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...

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...

An estate planning lawyer that can draft a simple will is what you should search or ask for. 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 information visit his website at http://www.ekglaw.com . Attorney Direct Connect http://...