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Evan Kyle Guthrie

Evan Guthrie’s Answers

282 total

  • My father and my mother are married and he passed away 2 weeks ago. He left his will appointing my brother power of attorney. My

    Because my mother is still living, does she override the will? Houses and cars are involved. Thanks and I will wait for your answer. -Nelson in S. Carolina

    Evan’s Answer

    A power of attorney is no longer effective when the person making the power of attorney dies.

    If you mean that your father made a will and nominated your brother as the personal representative or executor in the will then your brother would have priority to serve over your mother if he is willing and has capacity to serve.

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  • How can I locate a decease heirs assets if it is so long ago?

    Dating back late 1800s-1900s

    Evan’s Answer

    Research will have to be done to trace back property records, legal records, and the family tree among other things. After each generation the process potentially gets exponentially more difficult. A probate attorney or heirs property lawyer may be able to help you get started.

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  • What is the best way to search for reputable lawyers specializing in estate planning?

    My father lives in Marion, SC and wants to setup a will/trust. What is the best way to search for a skilled and proven lawyer? Is there a user-friendly site or directory available that allows one to search by state or location?

    Evan’s Answer

    Avvo may be a good start.

    Other resources for a search for a reputable estate planning lawyer could be:

    The county probate court your father resides in. In this case

    The South Carolina Bar lawyer referral service

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  • Power Of Attorney on family that's on life support.

    Hello my uncle is on life support and he left no will. He has no children. I was told I need a POA in order to make any medical decisions or to handle and person bussines. What direction do I need to go in.

    Evan’s Answer

    In South Carolina

    A Healthcare Power of Attorney would enable one to give another the legal authority to make healthcare decisions possibly including end of life decisions depending on the choices one makes. It would take effect when one is not able to speak for themselves.

    A General Durable Power Of Attorney would enable one to give another the legal authority to make financial or business decision depending on the powers granted. It may take effect when signed or be springing and take effect when is incapacitated or unable to speak for themselves.

    These documents only are operative during the lifetime of one that executes them and do not carry over after one dies. A will or living trust would would carry over after death.

    An estate planning attorney can help draft these documents, but if your uncle is on life support the window may be closed for the capacity required to execute them depending on his condition. an attorney may be able to help determine if the window is still open or not.

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  • Are there lawyers out there like Saul Goodman from Breaking Bad/Better Call Saul?

    Lawyers with that type expertise, cleverness, flexibility, willingness to work with what they and their client have, willingness to take risks, etc, and the same passion, pride, etc? Or generally like Saul Goodman for being able to represent anyon...

    Evan’s Answer

    • Selected as best answer


    There are many real lawyers out there that embody many of the best and worst qualities and characteristics of Saul Goodman AKA James McGill. While you may want to search for lawyers that can demonstrate the same type of expertise, cleverness, flexibility, willingness to work with what they and their client have, and the same passion, pride, as Saul, the willingness to take risks aspect of Saul is a characteristic that you may not want to have from your attorney in most situations.

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  • Parent passed away and held 1/3 share in a home. Parent's share was willed to me. Who is the home deeded to?

    Does the home deed go to the survivors on the deed or to me as willed? I would prefer the home deed go to the survivors - if it is actually deeded to me, how to I give ownership to the survivors? There is also a loan against the home from some im...

    Evan’s Answer

    It will most likely depend on how the home is titled. The will can only pass on assets that are able to be passed on by the will. The joint property may pass outside of the will. If the home passes by will then you can disclaim the property to make sure it passes to the survivors. A probate attorney can best help you decide what course of action is best.

    The home will most likely be passed on to the beneficiaries subject to the debts or mortgage attached to the property. The new owners would most likely take on or pay off the debt.

    If the property has to passed by the will and be subject to the probate process then an ancillary estate in North Carolina will most likely have to be opened because the probate process in South Carolina cannot dispose of out of state property.

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  • What type attorney do I need to write my will

    I have 4 children, 7 grandchildren, and approx. one million dollars in assets. what type lawyer do I need to write my will? regular? Estate? Trust?

    Evan’s Answer

    An estate planning lawyer can help you draft a will.

    There are many factors that an estate planning attorney can go over with you to determine what your goals are and what type of documents such as a will or trust would best suit you in accomplishing them.

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  • I can not afford a divorce is there ways I can get it done for free

    We have nothing together & we have been apart for 2 yrs

    Evan’s Answer

    It is always recommended that you retain a lawyer to help with a divorce because there is so much that can go wrong representing yourself, but there are resources for a Pro Se or represent your self divorce in South Carolina.

    A divorce attorney can help you make sure the forms are done correctly.

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  • How do you determine an rightful heir to and estate in SC?

    My father passed away in 2014. He and my mother were divorced. In the beginning of their marriage they split up a few times. My mother's first 2 children do not have my dad on their birth certificate. They worked out their differencies and had an ...

    Evan’s Answer

    Without a will in South Carolina the intestate estate would be split between the current spouse if there is one and all of the children. There are many ways to determine whether a child of a deceased person is an heir in South Carolina. The most obvious way would be direct evidence such as a birth certificate or a DNA test, but there can also be other evidence that someone is a considered child as an heir. Such evidence as a divorce decree listing a child's name may be enough as it is a legal document that he signed stating that they were a child even though there is a question as to the biological status. Other such evidence such as other writings like birthday cards may also be evidence.

    It sounds like there can be arguments made both ways as to whether those in question are an heir or not. It is recommended that you contact a probate lawyer or estate litigation attorney to get this sorted out if there is a potential for difficulty.

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  • Both names on house, but house was purchased with my money from an inherited trust. does this count as excempt due 2 inheritance

    husband is refusing to leave the home because its in both of our names, however, i purchased the home soly with cash from my trust inheritance. i read along the way that regardless of both names being on the title, an inherited property is exemp...

    Evan’s Answer

    Your question is whether or not a house purchased with inherited money is considered marital property or not . This depends largely on how the house was used during the marriage. If it was used as a marital home that both of you lived in support of the marriage then there is little argument that it is marital property regardless of where the money to purchase the home came from. If the house was used as a rental property that you did not live in then there may be an argument that it is separate property.

    There is a difference between an inherited home itself being considered exempt or separate property than a home being purchased with inherited money. If there was a written agreement or some other type of evidence that the purchased home would not become marital property at the time of purchase that would help make it separate property. Titling the property jointly does not help with the argument that you wanted it to be separate property and not marital property.

    Since both of your names are on the title your husband may have a legal right to stay in the home for the time being until the family court says otherwise. A divorce attorney may be able to help you get an agreement in place to decide who remains in the house during a one year living apart period needed for a no fault divorce and also what happens to the house after a divorce.

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