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Questions Answered by Evan Guthrie
1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I'm becoming crippled . Can I sue the company I have worked for for 29 yrs? My feet are collapsing.
Evan Guthrie
Evan Guthrie answered on Jul 3, 2012

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...
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1 Answer | Asked in Divorce for South Carolina on
Q: In sc if subpeoned to an attorneys office for a divorce case, what happens if you dont go or refuse to answer questions?
Evan Guthrie
Evan Guthrie answered on Jul 3, 2012

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...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: Is it a south carolina law that a husband must leave 1/3 of his estate to his wife in his will?
Evan Guthrie
Evan Guthrie answered on Jun 26, 2012

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.

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1 Answer | Asked in Estate Planning for South Carolina on
Q: Is life insurance policies part of an estate ,when benificerarie is no longer married?
Evan Guthrie
Evan Guthrie answered on Jun 26, 2012

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...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: Can a south carolina deed of distribution be completed by a family member - without a lawyer being involved?
Evan Guthrie
Evan Guthrie answered on Jun 26, 2012

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...
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2 Answers | Asked in Estate Planning for South Carolina on
Q: Do you need to live in the same state to be an power of attorney
Evan Guthrie
Evan Guthrie answered on Jun 26, 2012

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....
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1 Answer | Asked in Estate Planning for South Carolina on
Q: We own timeshareand if something happens to my husband and i our children say they don't want it , mainly because of the

Maintenance fees. can these fees be continued to be taken from our estste after we're gone

Evan Guthrie
Evan Guthrie answered on Jun 4, 2012

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.

1 Answer | Asked in Probate for South Carolina on
Q: What type of attorney do I seek for property that was will to mother who is now deceased?
Evan Guthrie
Evan Guthrie answered on Jun 4, 2012

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.

1 Answer | Asked in Probate for South Carolina on
Q: When does property legally transfer after a person is deceased?
Evan Guthrie
Evan Guthrie answered on May 26, 2012

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...
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1 Answer | Asked in Family Law for South Carolina 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
Evan Guthrie
Evan Guthrie answered on May 26, 2012

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...
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1 Answer | Asked in Family Law for South Carolina on
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

I do not want Emancipation. I just want to leave.

Evan Guthrie
Evan Guthrie answered on Nov 13, 2011

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...
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1 Answer | Asked in Medical Malpractice for South Carolina on
Q: Can we sue for medical malpractice against a psychologist in NC from SC?
Evan Guthrie
Evan Guthrie answered on Nov 13, 2011

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...
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1 Answer | Asked in Uncategorized for South Carolina on
Q: How do i find out the date of a certain trial?
Evan Guthrie
Evan Guthrie answered on Oct 29, 2011

Call the office of the clerk of court for your county.

1 Answer | Asked in Uncategorized for South Carolina on
Q: What do I do if there is not enough money in the estate to pay a bill?
Evan Guthrie
Evan Guthrie answered on Oct 29, 2011

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... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Grandparent right in south carolina help is there any,i raised this child and because her family don't like us?really
Evan Guthrie
Evan Guthrie answered on Oct 29, 2011

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

1 Answer | Asked in Criminal Law for South Carolina on
Q: How to get a record expunded in South Carolina (mismeandor)?
Evan Guthrie
Evan Guthrie answered on Oct 29, 2011

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...
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