Evan Kyle Guthrie’s Answers

Evan Kyle Guthrie

Charleston Estate Planning Attorney.

Contributor Level 15
  1. Who will collect rent money on a currently rented out home left to someone in a Will?

    Answered about 2 years 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

  2. How do I find a will of a deceased grandfather? Don't have documents. Just need to know if there was one filed or on file?

    Answered about 2 years ago.

    1. Evan Kyle Guthrie
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    If his estate was probated in South Carolina and there was a will then it should be public record and available to view. Try contacting York County Probate Court 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 special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his...

    3 lawyers agreed with this answer

  3. Would i have to sell my home and car to give surviving kids their half of what my husband and i had together because thats a we

    Answered about 2 years ago.

    1. Lloyd Wayne Patterson
    2. Evan Kyle Guthrie
    3. James P. Frederick
    3 lawyer answers

    Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The The children would be entitled to half of all probate assets in this situation. You may have to sell assets to divide up the total assets among all the heirs. The only way for the children to not get their share of the probate estate is for them to sign a disclaimer giving up their share which they are under no obligation to do. An estate settlement might be another option. A probate lawyer can help...

    3 lawyers agreed with this answer

  4. Can a will written in VA be executed in SC without going through probate?

    Answered about 2 years ago.

    1. C Steven Moskos
    2. James P. Frederick
    3. Eric Jerome Gold
    4. Evan Kyle Guthrie
    4 lawyer answers

    A will written in Virginia is valid in South Carolina and can be probated in South Carolina if it was validly executed according to the laws of the state it was executed in. The word executed in estate planning in South Carolina means that the will was signed, witnessed, and notarized. As long as a will executed properly in South Carolina according to South Carolina laws it will be valid. It is state law in South Carolina that a will of a deceased person be submitted to the probate court if...

    3 lawyers agreed with this answer

  5. Probate for a widow with step kids

    Answered about 2 years ago.

    1. Evan Kyle Guthrie
    2. Ryan Adam Ballard
    3. Donald Joseph Quinn II
    4. Steven J. Fromm
    4 lawyer answers

    This will depend on the circumstances involved. If there is a will probate assets are distributed according to the terms of the will. If there is no will, South Carolina intestate succession laws will determine how probate assets are distributed. A widow could be entitled to a third to half or all of the estate of a deceased spouse. Contact 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...

    3 lawyers agreed with this answer

  6. Is it a MUST the personal representative in a S.C. will reside in the state of S.C.?

    Answered about 2 years ago.

    1. Rachel Lea Hunter
    2. Ian Andrew Taylor
    3. Evan Kyle Guthrie
    4. Eric Jerome Gold
    4 lawyer answers

    A personal representative in South Carolina does not have to be a resident of South Carolina. Contact a probate attorney if there are any additional questions involving personal representatives. 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...

    3 lawyers agreed with this answer

  7. My father named me as his personal representative on his will . Can i pay a lawyer out of the estate?

    Answered over 2 years ago.

    1. Evan Kyle Guthrie
    2. Matthew Erik Johnson
    3. Stephen Wills Murphy
    4. James P. Frederick
    4 lawyer answers

    In South Carolina all reasonable attorney fees for a probate attorney helping the personal representative can be paid from assets of the deceased person's probate estate. A probate lawyer can help in this situation. 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....

    3 lawyers agreed with this answer

  8. I have a final divorce hearing in a few days, do I have to be there?

    Answered over 2 years ago.

    1. Alan James Brinkmeier
    2. Evan Kyle Guthrie
    3. Brian Brenn
    3 lawyer answers

    If you are a party to a divorce proceeding you should always appear in court no matter how unimportant you may think it is. You should also be represented by a divorce attorney if your husband is represented to make sure that you understand what is going on. 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...

    3 lawyers agreed with this answer

  9. My children's grandmother died 4 yrs. ago. Is it too late for them to contest her will? Their father just died Oct. 7 , 2012.

    Answered over 2 years ago.

    1. Evan Kyle Guthrie
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    It is too late to contest the will. In South Carolina a proceeding to contest an informally probated will may be commenced within the later of eight months from the informal probate or one year from the decedent’s death. 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...

    3 lawyers agreed with this answer

  10. When contesting a will, can it be made invalid if the signing witnesses are missing?

    Answered over 2 years ago.

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

    Most of times a witness to a will is a stranger and not able to be tracked down or found. A self proving affidavit or proof of will is signed and notarized at the same time as the will to verify that the will was properly witnesses. A sound mind challenge usually does not necessarily have to rely on the availability of a witness to the 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...

    3 lawyers agreed with this answer