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Evan Kyle Guthrie

Evan Guthrie’s Answers

282 total


  • When a spouse passes away does all assets go to the living spouse or are they divided among the living spouse and children?

    My father passed away, he had autos in his name and property in both his and wife's name. Does everything transfer to the wife or is it divided between the wife and children?

    Evan’s Answer

    This will depend on whether there was a will or other estate planning document in place. If there was no will then South Carolina intestate laws would divide the probate assets such as cars titled in his name with half to spouse and half divided up amongst the children. Contact a probate attorney for help with this matter.
    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 . Rocket Lawyer http://www.rocketlawyer.com/profiles/view-profile-Evan+Guthrie.aspx Come Visit Charleston SC http://www.comevisitcharlestonsc.com/attorneys/attorneys.htm Skill Share http://www.skillshare.com/profile/Evan-Guthrie/7912617 Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Can my mother make a withdrawal from my fathers estate account in order to pay me what I have invested in his estate?

    Me and my father was building a car together and after he died as beneficiary of his will my mom wants to sell the car. I have $25,000 invested into the car can she make a withdrawal for his estate account in order to pay me my investment in the c...

    Evan’s Answer

    This will depend on if there is some written record of the financial transaction or investment in the car. This will also depend on how the car was titled and if the money was given as a gift or if you expected to be repaid. If there is no written records it will be harder to prove. If there is proof that the estate owes you money than you may be able to make a claim against assets of the estate as a creditor. Contact a probate attorney to help get 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 . Rocket Lawyer http://www.rocketlawyer.com/profiles/view-profile-Evan+Guthrie.aspx Come Visit Charleston SC http://www.comevisitcharlestonsc.com/attorneys/attorneys.htm Skill Share http://www.skillshare.com/profile/Evan-Guthrie/7912617 Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Is a Power of Attorney for Healthcare needed if a person has a Living Will?

    My dad was recently diagnosed with Stage 3 Cancer and we need to get everything in order ASAP!

    Evan’s Answer

    A South Carolina Healthcare Power of Attorney is more broad than a living will in that it allows an appointed agent to make all health care decisions such as doctors and treatment in the case of incapacity. A living will only addresses end of life decisions.

    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 . Yelp http://www.yelp.com/biz/evan-guthrie-law-firm-charleston Behance http://www.behance.net/ekglaw After College http://www.aftercollege.com/company/evan-guthrie-law-firm/more-about-us/ Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Can you sue a family member in a civil case (the PR of the will) for misapproiation of funds to the estate?

    My sister is the PR of my dad's estate. We are estranged and don't really speak at all. She hired her brother in law, who I have never met, to fix up his house, his only asset. When I received the HUD statement I noticed that $70,000 had been p...

    Evan’s Answer

    Yes. In South Carolina, the personal representative of an estate is responsible for proper management of estate assets in most cases. Contact an estate litigation attorney to evaluate your rights and 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 . Yelp http://www.yelp.com/biz/evan-guthrie-law-firm-charleston Behance http://www.behance.net/ekglaw After College http://www.aftercollege.com/company/evan-guthrie-law-firm/more-about-us/ Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • I'm not sure if this is the proper way to do this, but I'm searching for a lawyer that is licensed in SC and West Virginia.

    I'm not sure if this is the proper way to do this, but I'm searching for a lawyer that is licensed in South Carolina and West Virginia. I need help with estate distribution in West Virginia, but I have moved and currently live in South Carolina....

    Evan’s Answer

    There are a few lawyers that I know are licensed in both states, but do not practice probate law.

    Unless there are probate assets titled in the deceased's name in South Carolina then it may only be necessary and easier to contact a West Virginia attorney if the estate is in West Virginia. Most of the work should be able to be handled remotely.

    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 . Yelp http://www.yelp.com/biz/evan-guthrie-law-firm-charleston Behance http://www.behance.net/ekglaw After College http://www.aftercollege.com/company/evan-guthrie-law-firm/more-about-us/ Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • My boyfriend committed suicide and left a letter to his mom and dad making a request that I receive money from his assets.

    I would like to know if the letter holds legal value.

    Evan’s Answer

    The letter most likely does not hold any legal value in South Carolina if it does not meet the requirement of a will, most notably two signatures.

    Someone that receives money from an estate after the probate an estate can later choose to respect the wishes contained in the letter, but is under no legal obligation 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 . ABA Journal http://www.abajournal.com/blawg/Evan_Guthrie_Law_Firm/ AIIM http://www.aiim.org/community/members/profile/b7d2f8c9846c4b2eb094983d586de64b Crunchbase http://www.crunchbase.com/person/evan-guthrie Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

    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 . ABA Journal http://www.abajournal.com/blawg/Evan_Guthrie_Law_Firm/ AIIM http://www.aiim.org/community/members/profile/b7d2f8c9846c4b2eb094983d586de64b Crunchbase http://www.crunchbase.com/person/evan-guthrie Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • If a home has no mortgage, is it necessary to involve an attorney in filing the deed of distribution?

    My SC fiance left a valid will leaving his condo to his daughter, who is also named as executor. She is handling probate without an attorney, but someone told her she should use an attorney for filing the deed of distribution. There is no mortgag...

    Evan’s Answer

    Even if a home has no mortgage, is it not necessary to involve an attorney in filing the deed of distribution, but it is strongly recommended. There are several problems that can show up later if the document is not drafted properly and it is easier to prevent problems in the first place than to go back and correct them later. A probate attorney can help.

    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 . ABA Journal http://www.abajournal.com/blawg/Evan_Guthrie_Law_Firm/ AIIM http://www.aiim.org/community/members/profile/b7d2f8c9846c4b2eb094983d586de64b Crunchbase http://www.crunchbase.com/person/evan-guthrie Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Is it legal to take a persons will out of their house while on their death bed?

    If a judge asks an individual during probate if they removed the will without the individual knowledge to make copies and looses the original, will that copy stand in court. Isn't that against the law, to take something? also, the lawyer paying h...

    Evan’s Answer

    It is most likely not legal to intentionally tamper with or destroy a will. In South Carolina it is state law that a known will is to filed with the probate court and is a misdemeanor not to do so.

    It is possible to probate a copy of a will in some instances, but is more difficult and there are many more steps involved.

    A lawyer is forbidden ethically to pay personal bills of a client.

    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 . ABA Journal http://www.abajournal.com/blawg/Evan_Guthrie_Law_Firm/ AIIM http://www.aiim.org/community/members/profile/b7d2f8c9846c4b2eb094983d586de64b Crunchbase http://www.crunchbase.com/person/evan-guthrie Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Does a Lawyer usually take a loss of spouse case on a contingency basis?

    My wife died of Meso cancer after treatment at Duke University Hospital that was supposed to possibly remove all the cancer. This surgery is normally only done if cancer has not spread. Surgery done even though cancer in lymph node. Wife had to ...

    Evan’s Answer

    Loss of spouse cases and especially Mesothelioma or Meso cases are usually taken on a contingency basis. Contact a personal injury lawyer in South Carolina to evaluate your case.

    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 . Attorney Direct Connect http://attorneysdirectconnect.com/firm/Evan%20Guthrie%20Law%20Firm/ Autism Speaks http://www.autismspeaks.org/resource/evan-guthrie-law-firm Lawlink http://ww.lawlink.com/profile/11568 Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  • Can my husband & his sister contest their father's will on their own behalf or for our son, my husband's daughter and our niece?

    He left it all to his wife (she is not his childrens' mother). He died on 12/8; my husband wasn't notified at all; his sister was notified on 12/31 and was sent a copy of the will showing it all went to his wife and he was cremated. In the past,...

    Evan’s Answer

    In South Carolina if the will was validly executed then there is no requirement that a parent leave their child anything. If the will was not validly executed or there is evidence of duress or he was not of sound mind when he made the will there may be grounds for a contest. Children can contest a will and there is usually a year after death to contest 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 . Attorney Direct Connect http://attorneysdirectconnect.com/firm/Evan%20Guthrie%20Law%20Firm/ Autism Speaks http://www.autismspeaks.org/resource/evan-guthrie-law-firm Lawlink http://ww.lawlink.com/profile/11568 Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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