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Evan Kyle Guthrie

Evan Guthrie’s Answers

282 total


  • Our home loan is in my husbands name. I am on the deed. He refuses to make a will. What happens if he should die before I do?

    He has grown children as well as I. All assets are in his name.

    Evan’s Answer

    If your name is on the deed then if it is in both of your names and is in joint tenants with right of survivorship then the property would pass outside of probate. If the property is held jointly without the joint tenants with right of survivorship language then it is most likely held as tenants and common and his half or percentage owned would be distributed in probate court with half to you as spouse and half among the children without a will.

    If the loan is only in his name then you may need to check the deed of the property to verify that you are actually on it. There is also the possibility that you may also be on the loan.

    A simple will and a checking the deed or mortgage can help clear some of this 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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  • How do I get the PR of my dad's estate to close it-letter received from probate that the time is up but he wont close

    I am the sole beneficiary and he is upset.

    Evan’s Answer

    A probate attorney can give you options on how to proceed. There may be a legitimate reason for the delay, but the probate court may instruct the personal representative to move forward or possibly remove the personal representative if there is an unreasonable delay in closing 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 .Manta http://www.manta.com/c/mwzj6g3/evan-guthrie-law-firm Independent http://ijobs.independent.co.uk/employer/22207/evan-guthrie-law-firm/ 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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  • My father died three years ago and left $80,000 in his will to be split amonst the five childred.

    The money was in a credit union account and his wife's name was on the other side of the account,they sent the check to her. How can I get my 1/5 share of my fathers money. His wife refuses to give me my share. Plus after my father's passing I too...

    Evan’s Answer

    If the money was held in a joint account then the surviving joint account holder would most likely have a right to the money and it would not be a part of the probate estate. The money specifically bequested in the will would have to come from another source of assets in the probate estate and if there was none then the bequest can not be fulfilled.

    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 .Manta http://www.manta.com/c/mwzj6g3/evan-guthrie-law-firm Independent http://ijobs.independent.co.uk/employer/22207/evan-guthrie-law-firm/ 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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  • What can you do if someone is holding a Will after a death and my name is on it ?

    My father just passed away and my brother is withholding the will from me.

    Evan’s Answer

    • Selected as best answer

    In South Carolina, a will must be filed with the probate court within 30 days of death or potentially face a misdemeanor.

    SC Code SECTION 62-2-901. Delivery of will to judge of probate; filing.

    Every executor, devisee, legatee, trustee, guardian, attorney, or other person having in his possession, custody, or control any last will and testament, including any codicil or codicils thereto, of any person dying must within thirty days after notice or knowledge of the death of the testator deliver such last will and testament, including any codicil or codicils thereto, to the judge of the probate court having jurisdiction to admit the same to probate and such judge of probate shall file the same in his court and if proceedings for the probate are not begun within thirty days he must publish a notice of such delivery and filing in one of the newspapers in his county for fifteen days. Any executor, devisee, legatee, guardian, attorney, or other person who fails to deliver to the judge of the probate court having jurisdiction to admit it to probate any last will and testament, including any codicil or codicils thereto, upon conviction must be punished as for a misdemeanor. Any person who intentionally or fraudulently destroys, suppresses, conceals, or fails to deliver to the judge of the probate court having jurisdiction to admit it to probate any last will and testament, including any codicil or codicils thereto, for the purpose and with the intent to prevent the institution of proceedings for its probate shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both, in the discretion of the court.

    Once the will is filed with the probate court it is public record and anyone can access it.

    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 . News Law Life http://newslawlife.ekglaw.com Estate Planning http://estateplanning.ekglaw.com Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Minimum age to be executor of a will in S Carolina

    I am making a will and I want a close friend, age 20, to be my alternate executor of my will. Is it legal for her to be the alternate or the executor?

    Evan’s Answer

    It is legal for her to be the alternate or the executor or personal representative in South Carolina. The minimum age to serve as a personal representative of an estate in South Carolina is 18.

    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 . News Law Life http://newslawlife.ekglaw.com Estate Planning http://estateplanning.ekglaw.com Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Do I have to use a lawyer to create a deed of distribution?

    My husband died leaving a will we created in the community property state of Washington. SC does not recognize community property, so I have to go through probate court. Can I do the deed of distribution or do I have to have a lawyer to change t...

    Evan’s Answer

    You can act as your own lawyer and draft the deed of distribution, but it is strongly recommended that a probate attorney be involved to eliminate complications down the road.

    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 . News Law Life http://newslawlife.ekglaw.com Estate Planning http://estateplanning.ekglaw.com Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Deceased sister-in-laws car never put in husbands name...now he died.

    Sister in law passed in 2007 without a Will. Husband assumed possession of everything. There were children by each of their marriages but none together. He just passed (with a Will) in 2013. He did not specific particular items in his Will. Only t...

    Evan’s Answer

    Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The
    The car title situation will have to be sorted out before any transfer can be made. This may involve opening a separate estate for sister or may be able to be handled as part of his estate. A probate attorney can properly help you figure out a course of action and how to best move forward.

    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 . News Law Life http://newslawlife.ekglaw.com Estate Planning http://estateplanning.ekglaw.com Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Should my mother deed her Georgia home to me to avoid nursing home costs?

    My mother has done this behind our backs, she has deeded her home to my sister and me. We are concerned that she may owe gift tax, and that the cost basis is now her adjusted cost basis rather than the fair market value had we inherited the house ...

    Evan’s Answer

    Consult with an elder law or medicaid attorney before making any transfers. Your specific situation should be analyzed to prevent interference with medicaid benefits as well as potential tax consequences on the transfer.

    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 . News Law Life http://newslawlife.ekglaw.com Estate Planning http://estateplanning.ekglaw.com Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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

    My sister passed away in 2007 in SC. She did not leave a Will and her husband assumed control of insurance, assets, etc. He passed away this past month in SC. In probating his Will I realized my sister's children (by a previous marriage) should h...

    Evan’s Answer

    • Selected as best answer

    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 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 . News Law Life http://newslawlife.ekglaw.com Estate Planning http://estateplanning.ekglaw.com Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Do I need a probate attorney?

    My father died leaving his house to my sister, which I agreed upon. My question is : if the remaining assets are to be divided equally, how do I know what will be divided? My father verbally left me his car, but now my sister says it will be decid...

    Evan’s Answer

    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 it, but that may be voluntary

    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 . News Law Life http://newslawlife.ekglaw.com Estate Planning http://estateplanning.ekglaw.com Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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