Questions Answered by Evan Guthrie

Q: I'm becoming crippled . Can I sue the company I have worked for for 29 yrs? My feet are collapsing.

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on Jul 3, 2012
Evan Guthrie's answer
Contact a workers comp attorney as soon as possible for more 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 . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook...

Q: In sc if subpeoned to an attorneys office for a divorce case, what happens if you dont go or refuse to answer questions?

1 Answer | Asked in Divorce for South Carolina on
Answered on Jul 3, 2012
Evan Guthrie's answer
You could be possibly held in contempt of court.

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 . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook...

Q: Is it a south carolina law that a husband must leave 1/3 of his estate to his wife in his will?

1 Answer | Asked in Estate Planning for South Carolina on
Answered on Jun 26, 2012
Evan Guthrie's answer
This refers to the elective share in South Carolina which is a law that states a surviving spouse entitled to a third of the deceased spouse's probate estate. There is no law that you must leave a third to a spouse in a will and many times the elective share is not made.

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...

Q: Is life insurance policies part of an estate ,when benificerarie is no longer married?

1 Answer | Asked in Estate Planning for South Carolina on
Answered on Jun 26, 2012
Evan Guthrie's answer
A life insurance policy is always part of an estate. If there is a beneficiary then it usually not part of the probate estate. If the beneficiary named on the policy is not married any more then the named beneficiary would most likely still get the policy.

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...

Q: Can a south carolina deed of distribution be completed by a family member - without a lawyer being involved?

1 Answer | Asked in Estate Planning for South Carolina on
Answered on Jun 26, 2012
Evan Guthrie's answer
The deed of distribution can be completed by a personal representative, but it is strongly recommended that an attorney be involved in the process to help prevent trouble in the future.

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...

Q: Do you need to live in the same state to be an power of attorney

2 Answers | Asked in Estate Planning for South Carolina on
Answered on Jun 26, 2012
Evan Guthrie's answer
No. You can be a power of attorney agent in or have your power of attorney agent live in another state. It can be a good idea to name an agent that is close by to make things easier and more convient.

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...

Q: We own timeshareand if something happens to my husband and i our children say they don't want it , mainly because of the

1 Answer | Asked in Estate Planning for South Carolina on
Answered on Jun 4, 2012
Evan Guthrie's answer
The estate has to pay all debts that it owes. If the time share continues to charge fees or the estate owes fees after you die, they will have to paid before assets are distributed.

Q: What type of attorney do I seek for property that was will to mother who is now deceased?

1 Answer | Asked in Probate for South Carolina on
Answered on Jun 4, 2012
Evan Guthrie's answer
A probate attorney will have to probate the estate of the person who left your mother the property in their will and then they will have to probate her estate with the property in it.

Q: When does property legally transfer after a person is deceased?

1 Answer | Asked in Probate for South Carolina on
Answered on May 26, 2012
Evan Guthrie's answer
After the Deed of Distribution In the Probate Court if it is a probate asset.

http://www.sccourts.org/forms/pdf/400PC.pdf

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 . Follow on...

Q: Id like to change my name in sc to my mothers maiden name and no longer have my dads last name how do i do this

1 Answer | Asked in Family Law for South Carolina on
Answered on May 26, 2012
Evan Guthrie's answer
You will have to file a name change petition in the family court in your county. You will also have to do SLED background check and a DSS screen, and verify that you are not on the Sexual Offender Registry.

An family law attorney can help you through these steps

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...

Q: If I moved out of my home without my step dads consent, can he file me as a runaway? I'm 17 and I live in South Carolina

1 Answer | Asked in Family Law for South Carolina on
Answered on Nov 13, 2011
Evan Guthrie's answer
If stepdad has custody he may be able to enforce it until you are 18.

Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at http://www.ekglaw.com . Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

Q: Can we sue for medical malpractice against a psychologist in NC from SC?

1 Answer | Asked in Medical Malpractice for South Carolina on
Answered on Nov 13, 2011
Evan Guthrie's answer
Yes. If there are proper grounds for an action. Contact an attorney on NC where the alleged malpractice happened.

Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at http://www.ekglaw.com . Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

Q: How do i find out the date of a certain trial?

1 Answer | Asked in Uncategorized for South Carolina on
Answered on Oct 29, 2011
Evan Guthrie's answer
Call the office of the clerk of court for your county.

Q: What do I do if there is not enough money in the estate to pay a bill?

1 Answer | Asked in Uncategorized for South Carolina on
Answered on Oct 29, 2011
Evan Guthrie's answer
If there is not enough money to pay a bill or creditor then assets from the estate will be sold to pay the bill. Assets not named in a will are sold first and then items specifically named in the will may be sold. If there is not enough assets to pay the bill, then the creditor will get whatever proceeds are left after the sale of assets.

Q: Grandparent right in south carolina help is there any,i raised this child and because her family don't like us?really

1 Answer | Asked in Family Law for South Carolina on
Answered on Oct 29, 2011
Evan Guthrie's answer
South Carolina recognizes the Psychological Parent Doctrine that may give rights to grandparents. You can read this case for more information.

http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=4108

Q: How to get a record expunded in South Carolina (mismeandor)?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Oct 29, 2011
Evan Guthrie's answer
You must file in the county the conviction took place. Each county has their own process. This is an example and explanation http://www.scsolicitor9.org/expungement.htm

Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com .

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.