Questions answered by Evan Kyle Guthrie

Archived

Can a spouse get things purchased with separate monies, work bonuses or money from an estate.

Evan's answer | Answered on July 05, 2012

The spouse may be able to get to equitable distribution of marital property in South Carolina. Marital property is property used in support of the...

Archived

Is it not true that if a third person is in the house at the time that adultery cannot be alleged?

Evan's answer | Answered on July 05, 2012

Adultery can still possibly occur if a third party is present in a house. A witness can bring evidence that adultery did or did not occur. Evan...

Archived

If the only heir is left out a will can the will be contested? child is the only living heir and was never included in probate

Evan's answer | Answered on July 05, 2012

There is no right to an inheritance for a child in South Carolina. If there is a will and you are not in it there is nothing you can do. The only...

Archived

My daughter was named beneficiary in the last will of an very large estate,the papers are very unofficial ineed to contest.?to?

Evan's answer | Answered on July 03, 2012

The probate court will determine if the will is valid or not. If you feel the will was tampered with then that might be reason to challenge it. A...

Archived

What happens to my brothers half of our dads estate since he passed away before probate closed?

Evan's answer | Answered on July 03, 2012

The brothers half of the estate will go into his estate and be divided the same way as your father's estate since he did not have a will. This may...

Archived

Named execof trust dad has aml leukemia, mom gave verb power of attorney, drinking and dangerous for dad, bill/ins lapsed,?

Evan's answer | Answered on July 03, 2012

A power of attorney must be in written form and signed. If he still has capacity then he is able to make his own decisions. An elder law or...

Archived

After our children are over 18, can I file for a no-fault divorce?

Evan's answer | Answered on July 03, 2012

Yes. All that is needed for a no fault divorce is one year continuous separation. Evan Guthrie Law Firm is licensed to practice law throughout...

Archived

Can i be sued for money from my deceased husbands insurance policy. I am the primary beneficiary..

Evan's answer | Answered on June 27, 2012

If you are the defendant in the suit your assets can be reached including any money from the insurance policy. If your husband;s estate is the...

Archived

I live in SC. My home is in my name only.

Evan's answer | Answered on June 26, 2012

If the house was in your name only then no portion will likely pass to her estate. If she has any other probate assets in her name they will have...

Archived

Hi Im going thur probate court for my mother. She passed away 7 months ago. Myself and sibblings are going against her husband

Evan's answer | Answered on June 26, 2012

A probate attorney would be able to best respond to the Summons. If this is a contested probate then it would be a good idea to see a lawyer to...

Evan Kyle Guthrie's Answers (289)

Can a spouse get things purchased with separate monies, work bonuses or money from an estate.

Is it not true that if a third person is in the house at the time that adultery cannot be alleged?

If the only heir is left out a will can the will be contested? child is the only living heir and was never included in probate

My daughter was named beneficiary in the last will of an very large estate,the papers are very unofficial ineed to contest.?to?

What happens to my brothers half of our dads estate since he passed away before probate closed?

Named execof trust dad has aml leukemia, mom gave verb power of attorney, drinking and dangerous for dad, bill/ins lapsed,?

After our children are over 18, can I file for a no-fault divorce?

Can i be sued for money from my deceased husbands insurance policy. I am the primary beneficiary..

I live in SC. My home is in my name only.

Hi Im going thur probate court for my mother. She passed away 7 months ago. Myself and sibblings are going against her husband