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Evan Kyle Guthrie

Evan Guthrie’s Answers

282 total


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

    and was in the legal separation time (not 1 full yr when she passed away). His name is listed as the beneficiary, however, the retirement account authorities says he's not entitled to the money. how should we proceed?

    Evan’s Answer

    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 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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  • If my father died without a will and had no assets but 2 bank accts in his and my name do we need to go through probate?

    The bank acounts were set up so he could receive his ss and va benefit checks. Total in banks less than 8000. Life insurance policy lists me and my wife as beneficiaries. The mortuary is receiving the insurance check which is about $150 more th...

    Evan’s Answer

    If the accounts were jointly held then they are not a probate asset and they should transfer automatically to the surviving account holder.

    Life insurance with a named beneficiary is also not a probate asset.

    A probate attorney can help with any additional questions.

    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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  • Is will legal if ,when you sign,you're heavily medicated-prescribed, near death-attorney aware of this-was this legal?

    step-daughter had attorney friend draw up new will, giving her our land, had home put in life estate, for her son. husband & i were,at the time, medicated-he on 25 different med., me 18. this happened on 10/15/10, he passed away on 12/18/10. he w...

    Evan’s Answer

    Heavy medication may invalidate the capacity to make a will under the sound mind standard of South Carolina. There may also be a undue influence claim for a will challenge.

    Unfortunately there may be too much time that has lapsed if the will has already been probated. Check with a probate attorney for your options.

    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 . Edutopia http://www.edutopia.org/user/336421 Quora http://evanguthrielawfirm.quora.com/State Divorce http://www.statedivorce.com/divorce-lawyers/evan-guthrie-law-firm-16953/Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • WHATS THE COST OF DIVORCE IN SC IF THE WIFE IS NOT WORKING AND HAS NO INCOME

    I AM A 31 YEAR OLD YOUNG MOTHER OF THREE CHILDREN,PRIOR TO MARRIAGE OF MY 63, WHO STARTED OFF WORKING WHEN I MOVED HERE FROM MS. MY HUSBAND MADE ME QUIT WORK TO STAY HOME. HE QUIT HIS JOB YESTERDAY BC HE STATED HE WAS TIRED OF WORKING. NOT ONLY DO...

    Evan’s Answer

    Try contacting

    South Carolina Legal Services (Charleston Office)
    2803 Carner Avenue
    North Charleston, SC 29405
    Phone: 888-720-2320
    Fax: 843-760-1090
    Website: http://www.sclegal.org

    for assistance. They also provide free Pro Se clinics on occasion.

    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 . 843 Area http://www.843area.com/south-carolina/charleston/legal/evan-guthrie-law-firm.htm LegalJet http://www.legaljet.com/Lawyers/Evan-Guthrie-Charleston-SC-29401-87112 Charleston Digitel http://charleston.thedigitel.com/users/ekglaw Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • My husband of 30 years put his son over him as power of attorney!! What does this mean for me as his wife?

    This worries me as far as all of our assets, where or what will be done if something happens to him. He done this without my knowledge as well. I need to know anything that would help me in the steps I need to do to protect me after 30 years of ma...

    Evan’s Answer

    A power of attorney allows an agent, in this case his son, to be appointed to manage a principal's assets and if it is durable then even after they become incapacitated. There are certain provisions that may affect you such as a potential gifting provision that would allow the agent to gift the principal's assets for use other then the principle's benefit. If there is gifting then the agent would potentially have access to the husbands assets, but this may potentially allow access to joint accounts or joint property between you an your husband.

    If there are trust issues with the son and you are concerned that any joint assets that you hold may be affected then you may want to put your assets in your name only. Another possible course of action would be to have him revoke the current power of attorney and make a new one with you as the agent if he still has capacity to do so.

    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 . 843 Area http://www.843area.com/south-carolina/charleston/legal/evan-guthrie-law-firm.htm LegalJet http://www.legaljet.com/Lawyers/Evan-Guthrie-Charleston-SC-29401-87112 Charleston Digitel http://charleston.thedigitel.com/users/ekglaw Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • If a home is being sold to satisfy probate on a personal loan, do fees accrue during probate?

    Personal loan in name of family member who died. No payments have been made. Death 9-17-11, at time of death 11,000.00 loan which now the bank wants over 15,000.00 . Late fees almost one half times note value. Can these fees accrue during pro...

    Evan’s Answer

    Fees accrue during probate the same way they normally would. The estate would owe the fees and assets of the estate can be used to pay them. The personal representative has discretion to stop fees if it would preserve assets of the 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 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 . YouTube http://www.youtube.com/user/EKGLaw Angie’s List http://www.angieslist.com/companylist/us/sc/charleston/evan-guthrie-law-firm-reviews-6401995.htm Post and Courier http://events.postandcourier.com/charleston_sc/venues/show/10969585-evan-guthrie-law-firm Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Husband died in Jan 2013. Sold our house and want to give son who has taken care of us for many years gift.

    I am now in nursing home in MN. Son is on SSI and Medicaid. Can I gift or my husband's estate gift son money without penalty on either of us. Son for assets in determining eligibility for SSI and Medicaid and for myself the lookback on assets. ...

    Evan’s Answer

    Before making any gift that could potentially interfere with SSI or Medicaid benefits it would be recommended that you meet with an estate planning attorney to go over the ramifications. A special needs trust may be needed to make sure that benefits are not jeopardized.

    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 . YouTube http://www.youtube.com/user/EKGLaw Angie’s List http://www.angieslist.com/companylist/us/sc/charleston/evan-guthrie-law-firm-reviews-6401995.htm Post and Courier http://events.postandcourier.com/charleston_sc/venues/show/10969585-evan-guthrie-law-firm Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • If a person die before their home is paid off and one of their family paid off the home can that person file for legal owner?

    none of the legal airs wants the home and their are only three children living .they said i can have the house since i paid for it and also kept the taxes

    Evan’s Answer

    The home will most likely have to go through the probate court to change title from the deceased person's name to the heirs. Once the heirs get ownership then they can sell or give their interest in house to you. There may be tax implications for the transfer to be careful of. Contact a probate attorney to make sure this is done properly and in the most efficient manner.

    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 . YouTube http://www.youtube.com/user/EKGLaw Angie’s List http://www.angieslist.com/companylist/us/sc/charleston/evan-guthrie-law-firm-reviews-6401995.htm Post and Courier http://events.postandcourier.com/charleston_sc/venues/show/10969585-evan-guthrie-law-firm Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Can I contest a will that was misrepresented by the attorney that wrote it and can that attorney be charged with fraud misrep?

    My aunt left me a car that she owned. Several people witnessed her telling me that she wanted me to have her car. The lawyer even took my name down while at the hospital to add it to the will. Several months went by and now I'm finding out the the...

    Evan’s Answer

    A will in South Carolina may be contested if there was fraud or undue influence and possibly not capacity to make a will present.

    An attorney may be charged with fraud if there is sufficient evidence.

    Just because an aunt orally said that you were to be in the will does not necessarily guarantee that you were to be included in the final will. While family members and attorneys may have the ability or opportunity to exert undue influence or a person making a will may not have capacity, there must be evidence to prove this.

    A probate or estate litigation may be able to help.

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  • Can a Personal Representative assign their duties to another person via a POA in South Carolina

    If a Personal Representative is ill during the time of death of a person they are assigned as Personal Representative, can said person pass their duties as Personal Representative to another via a Power of Attorney?

    Evan’s Answer

    The probate court would have to approve the transfer of duties of a personal representative. This can be done if the original pr resigns and there is no successor pr nominated in the will and no one else with higher priority to potentially be pr steps up.

    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 . Pinterest http://pinterest.com/ekglaw/ Lexisnexis http://www.lexisnexis.com/community/estate-elderlaw/members/ekglaw/default.aspx Volunteer Match http://www.volunteermatch.org/search/org457673.jsp JD Supra http://www.jdsupra.com/profile/evan_guthrie_docs/ Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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