Evan Kyle Guthrie’s Answers

Evan Kyle Guthrie

Charleston Estate Planning Attorney.

Contributor Level 15
  1. When does a life estate which includes a remainderman end?

    Answered almost 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...

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

    Answered over 2 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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  3. Sister passed. Husband assumed possession of all. Now he passed. Do her children by previous union get part of his estate?

    Answered over 1 year 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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  4. Am I entitled to half of my deceased fathers estate because I am his only child?

    Answered almost 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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  5. Should I apply for guardianship in South Carolina?

    Answered almost 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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  6. Can I receive a free consultation for my late husbands estate? He died a week ago.

    Answered about 2 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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  7. My elderly father has given me things that he wanted me to have over the years and now wants all back

    Answered about 3 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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  8. My deceased step mother left money in an retirement account. Her and my father was in the process of divorce

    Answered about 1 year ago.

    1. Evan Kyle Guthrie
    2. Charles Adam Shultz
    3. Steven M Zelinger
    3 lawyer answers

    If the marital residence was in South Carolina there is no legal separation. There is a one year requirement of separate residences for a no fault divorce. During that one year and until a final divorce decree there is still a marriage and the retirement account should pass to the beneficiary listed. Contact a probate attorney for more assistance. 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...

    3 lawyers agreed with this answer

  9. Do I need a probate attorney?

    Answered over 1 year ago.

    1. J. Ashley Twombley
    2. Evan Kyle Guthrie
    3. Michael S. Haber
    3 lawyer answers

    In South Carolina, the personal representative or the person in charge of the estate will follow either a will or state laws in distributing assets such as a car of the estate. Contact the personal representative for more information. A lawyer is probably not necessary in this case. A verbal gift may not be valid for an asset such as a car and would most likely be divided according to a will or state laws. A person may decide later on to give you the car if your father really wanted you to have...

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  10. Who will collect rent money on a currently rented out home left to someone in a Will?

    Answered over 1 year ago.

    1. Evan Kyle Guthrie
    2. Ian Andrew Taylor
    3. James P. Frederick
    4. Steven J. Fromm
    4 lawyer answers

    The money collected on income generating assets of the estate such as rent are collected in the estate until title is transferred in the probate process and most likely would be distributed according to a will or intestate laws. Check with the personal representative of the estate or a probate attorney 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...

    3 lawyers agreed with this answer