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Evan Kyle Guthrie

Evan Guthrie’s Answers

282 total


  • 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

    is there anything that can be on file and transfer title auto. when I die. I want something that she can take along with a death certificate and have the title to my house put in her name.

    Evan’s Answer

    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.

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  • Are non probate items subject to the law of intestacy south Carolina?

    Mother passed with out a will, father and son split probate items property listed as non probate, are non probate items subject to law of intestacy?

    Evan’s Answer

    Non probate items are typically not subject to the laws of intestacy in South Carolina depending on the item and its status. An example would be a life insurance policy which would be a non-probate item if there was a named beneficiary and not be subject to laws as it is a contract between the deceased and the insurance company and not an asset in the name of the deceased when they die such as a home titled in their name. If the estate of the deceased was named as the beneficiary rather than someone else then a potential non-probate asset may become an asset of the estate and be subject to a will or to the laws of intestacy in South Carolina.

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  • What happens when some one dies, and they still owe mortages and credit cards

    Do you give house, back to mortage company or do you sell house and if anything is left you pay on credit cards. And if there is not enough, what happen to unpaid credit? Are the living children responsible for credit cards?

    Evan’s Answer

    If someone dies owning a house in their name with a mortgage on that house then the house would be inherited by beneficiaries subject to the mortgage. The beneficiaries would inherit whatever ownership interest or equity value the original owner had at the time of their death. At that point they could decide to keep the house and continue paying the mortgage or sell the house.

    Credit card debt would be a debt of the estate and the creditor card company could make a claim on the estate for the money owed. Assets of the estate would be used to pay the credit card debt. Children would not be responsible for the credit cards unless they were cosigners on the accounts. No assets can be passed on to beneficiaries though until all debts are settled.

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  • I have a question regarding a supposed "lost" will from my grandmother's estate?

    My grandmother paid a large down payment on a house and financed it under her name for me to live in. I pay the mortgage payments. My grandmother verbally told me that the house would be mine when she passed. Sadly, she passed several days ago, an...

    Evan’s Answer

    A verbal exchange between you and your grandmother will most likely hold no legal weight. A valid will or other written document is most likely the only way you will inherit the house.

    A missing will in South Carolina is presumed to have been destroyed by the person making the will unless there is evidence that someone else hid or destroyed it. If you think that someone tampered with your grandmother's will and have evidence it may be wise to contact a probate attorney in South Carolina.

    If your aunt has been appointed the personal representative or executor of your grandmother's estate it may be well within her right to sell the house without your permission as part of the probate process. Without a will a spouse or child would have priority to be appointed personal representative over a grandchild. Without a will a spouse or child would also inherit assets over a grandchild.

    Real property such as a house is usually inherited subject to the mortgage and usually not considered a debt to the estate that has to be paid off as part of the probate process.

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  • How do i contest a will, I'm possibly a child of the deceased that passed in march 2014

    my mother is requesting me to take a DNA test that she is willing to pay for. she says it is for her and my fathers wills. but i learned that her first husband passed away in march 2014 and there is a possibility that he could be my father , consi...

    Evan’s Answer

    It would be a good idea to contact an attorney that does will contests in South Carolina to get an idea if you have a case.

    Since there is a will there will have to be evidence that the will is invalid by either by undue influence or that the person making the will was not of sound mind. Just because you may be a child not named in a will is not enough.

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  • Can you drive the car of deceased parent while his will is in probate in SC?

    car is in fathers name is currently being driven by daughter in GA. she was told to return car to SC. it can't be driven in another state . another daughter making payments on a lein on the car , needs the car to drive until will goes thru p...

    Evan’s Answer

    The car is an asset of the estate and the personal representative has the authority and responsibility to account for its safekeeping during the probate process.

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  • Can a girlfriend make funeral arrangements if she is on the policy and not married to the deceased?

    My cousin was killed in a motorcycle accident. He has twin boys from his on and off girlfriend. They were on at the time of the death. If she is on the policy as beneficiary, does she have the right to arrange his funeral? He has siblings and his ...

    Evan’s Answer

    A girlfriend may make funeral arrangements if no one else that is related in an ordinary of priority like a parent or sibling steps in and demands that they be in charge of arrangements.

    A probate attorney can help if you need 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 law and entertainment law. For further information visit his website at http://www.ekglaw.com Founder of Prelaw Land http://www.prelawland.com Dexknows http://www.dexknows.com/business_profiles/evan_guthrie_law_firm_charleston-l910404454 Charleston Vacationer http://www.charlestonvacationer.com/member-profile.aspx?Member=1030 Plancast http://plancast.com/ekglaw Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Can I override DPOA, durring final decisions i.e burial or cremation?

    My father gave his girlfriend durable power of attorney and now he is dying, when he passes does she have the right to decide if he has a funeral or if he is cremated? And who will have control to receive his ashes if she cremates him?

    Evan’s Answer

    The durable power of attorney ends after the principle dies. Usually a family member whether it be spouse or child has priority over control over remains and funeral choices absent some other agreement or writing.

    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 . Evan Guthrie is the founder of Law Student Land http://www.lawstudentland.com . Skirt http://charleston.skirt.com/ekglaw Divorce Source http://www.divorcesource.com/professionals/ekglaw/ Vimeo http://vimeo.com/evanguthrielawfirm Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • If a deed to real estate is in two names, and one person dies, does it automatically revert to the living name on deed?

    My significant other and I have both our names on a deed to our home. He died last week, we don't have common law marriage, never filed joint tax returns, all finances kept separate. Mortgage is in my name, owned house 5 years (no equity, house ...

    Evan’s Answer

    This will depend on how the deed is titled. Joint tenants with right of survivorship would allow the surviving joint owner to own the home outright subject to the mortgage. Tenants in common would divide the property among the surviving joint owner and the deceased joint owner's heirs.

    If the house is JTWRS then it is not a probate asset and not subject to creditors or heirs. If the house is tenants in common it may be subject to creditors and be divided amongst heirs although with a negative equity you may be able to negotiate to stay in the home.

    A probate attorney can help 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 information visit his website at http://www.ekglaw.com . Evan Guthrie is the founder of Law Student Land http://www.lawstudentland.com . Klout http://klout.com/ekglaw Yellow Hours http://www.yellowhours.com/store_5297504/Evan-Guthrie-Law-Firm_843-926-3813_Charleston_South-Carolina_USA.html NAPIL http://www.napil.com/PIAttorney/PI_Attorney127030.htm Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • I reside in Little iver, Horry County, SC I am thinking of my Last Will & Testament. I hesitate because if I predecease my

    wife she will have to liquidate assets to satisfy my heirs putting her in an extremely vulnerable position. please advise.

    Evan’s Answer

    South Carolina has an elective share that allows a spouse to claim 1/3 of a probate estate regardless of what is contained in a will.

    There are also many ways of planning to give assets to heirs and spouse with a will that have more control than not having a will.

    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 . Evan Guthrie is the founder of Law Student Land http://www.lawstudentland.com . Klout http://klout.com/ekglaw Yellow Hours http://www.yellowhours.com/store_5297504/Evan-Guthrie-Law-Firm_843-926-3813_Charleston_South-Carolina_USA.html NAPIL http://www.napil.com/PIAttorney/PI_Attorney127030.htm Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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