Evan Kyle Guthrie’s Answers

Evan Kyle Guthrie

Charleston Estate Planning Attorney.

Contributor Level 15
  1. All I want is to make a will for me and my wife, looking for a lawyer has become a problem lawyers have so many titles

    Answered over 2 years ago.

    1. Paul A. Smolinski
    2. Evan Kyle Guthrie
    3. Gene Edward Adkins
    3 lawyer answers

    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://...

    4 lawyers agreed with this answer

  2. When does a life estate which includes a remainderman end?

    Answered over 2 years ago.

    1. Evan Kyle Guthrie
    2. Mitchell Allan Port
    3. Joseph Jonathan Brophy
    3 lawyer answers

    This will depend on the wording and language of the conveyance and could mean that your mother still has a life estate and the deceased brother's heirs would be the remainder or that the life estate merged back and the remainder and your mother has full title again. An attorney will be able to interpret the language 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...

    4 lawyers agreed with this answer

  3. My Mother has a house that was left to her in a will,and she giving it to Me her Daughter.

    Answered over 3 years ago.

    1. Evan Kyle Guthrie
    2. Alexandria Broughton Skinner
    3. Arthur Harold Geffen
    4. L Christopher Arvin
    4 lawyer answers

    Probate in SC typically lasts around a year with a will and property involved. She will have to wait until after probate to transfer title because she will not have title in the property to transfer until the probate is finished. There are also tax considerations for a gift transfer of a house that you may want to look into. 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...

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  4. Sister passed. Husband assumed possession of all. Now he passed. Do her children by previous union get part of his estate?

    Answered about 2 years ago.

    1. Evan Kyle Guthrie
    2. James P. Frederick
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    A probate attorney can best sort out this situation, but if your sister had title in assets such as a car or house then her estate will have to be probated. If there is no will then her children may get half of her probate assets. This may be able to be done at the some time as her husband's estate, 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...

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  5. Am I entitled to half of my deceased fathers estate because I am his only child?

    Answered over 2 years ago.

    1. Evan Kyle Guthrie
    2. Rachel Lea Hunter
    2 lawyer answers

    If your father had a will the assets of his estate will be distributed according to his will. If your father did not have a will then according to South Carolina intestate succession laws state that as an only child you would be entitled to half of the probate assets and his spouse would be entitled to the other half. If there is debts of the estate then assets may have to be sold to pay them. A probate attorney will be able to give you more information. Evan Guthrie Law Firm is licensed to...

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  6. Should I apply for guardianship in South Carolina?

    Answered over 2 years ago.

    1. Evan Kyle Guthrie
    2. Heather Morcroft
    3. Ian Andrew Taylor
    3 lawyer answers

    There may be added protection by applying for guardianship in South Carolina. If she still has capacity you may want to get her to sign a durable power of attorney and healthcare power of attorney to avoid the expenses of going through the probate court. 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...

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  7. Can I receive a free consultation for my late husbands estate? He died a week ago.

    Answered almost 3 years ago.

    1. Evan Kyle Guthrie
    2. Joseph M. Masiuk
    2 lawyer answers

    Most probate attorneys will provide a free consultation to evaluate your situation. The legal fees for probate are paid from money or assets from the estate. This is why estate planning is so important to prevent this kind of mess and work for family members. No will and assets inherited not yet titled in his name definitely makes more complicated. If it is a joint bank account then you should be able to pay for living expenses right away as it should not be a probate asset. The...

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  8. My elderly father has given me things that he wanted me to have over the years and now wants all back

    Answered almost 4 years ago.

    1. Evan Kyle Guthrie
    2. Joan M Bundy
    2 lawyer answers

    If he gave you the items then they will most likely be considered gifts. You have no obligation to give them back with or without police intervention. Although if you value your relationship with your father then you might want to work things out however you can even if that means giving the items back. He can most likely still change his will and powers of attorney and people have changed their wills and powers of attorney over less.

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  9. What is the best way to search for reputable lawyers specializing in estate planning?

    Answered 19 days ago.

    1. William E. Phillips
    2. Evan Kyle Guthrie
    3. Charlotte D. Key
    3 lawyer answers

    Avvo may be a good start. Other resources for a search for a reputable estate planning lawyer could be: The county probate court your father resides in. In this case http://www.sccourts.org/probate/index.cfm?fuseaction=contactinfo&countyno=33 The South Carolina Bar lawyer referral service http://www.scbar.org/Public-Information/Find-a-Lawyer

    3 lawyers agreed with this answer

  10. I have one child. I want to avoid her from going to probate. How is the best way to do that? I don't want to put her on my deed

    Answered 3 months ago.

    1. Evan Kyle Guthrie
    2. Justin Jeppesen
    3. Douglas S. Delaney
    4. Rani Kay Sampson
    4 lawyer answers

    The best way to avoid going to probate without joint ownership is to execute a revocable living trust. When one dies a living trust that is properly funded will allow a simple transfer of title from the name of the deceased to the beneficiary without probate court.

    3 lawyers agreed with this answer