South Carolina Recent Legal Answers from Lawyers

Full disclosure: I do not handle medical malpractice claims.  However, your question would be best answered by consulting an experienced medical malpractice lawyer.   Whether there was a violation of a safe amount of prescriptions or if the doctor violated a standard of care is a question that can't be answered online, but will require a medical expert's evaluation and opinion.  For this reason, I recommend that you check with a malpractice lawyer, just to see if it is something that they are interested in taking a look at. This does not mean, however, that your case is a good case or that there is more benefit than cost in prosecuting a malpractice action.  These types of claims are extremely expensive, on average, and are often not possible to prosecute, even if there was negligence.  This sounds unfair--and I get it--but these are questions that an experience malpractice lawyer can answer for you. Best of luck in whatever you decide to do. ... Read Answer

Unlike Medicare and Social Security, Medicaid, which pays for long term care, does not have a trust fund.  It is paid out of the general tax revenues.  That is why we must pay all we can before Medicaid will pay. If you would like to discuss protecting your assets and income with a local elder lawyer, you can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer

Your use of the word “immigrant” leaves question as to whether you have already obtained conditional permanent residence or whether your husband ever filed papers for you at all. If he never filed for you, you are probably not eligible to file your application under the circumstances that you describe of him just disappearing. If you already have a conditional green card, your ability to remove the conditional basis in an I-751 petition may depend upon whether you are able to show that you had a bona fide marriage before he disappeared or that there are other circumstances such as eligibility under the Violence against Women Act (VAWA) or extreme hardship that you will face in returning to the home country – such hardship having occurred during the time of your conditional residence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

I'm sorry, and admittedly I don't know the full story, but I think your husband is right. Did the post-nuptial provide that your husband had no right to your home, or no right to the proceeds of the mortgage lawsuit, because those are two very differen things.  The settlement proceeds relate to the mortgage loan, not the house.  If we finance a car togdther, I no longer have any right to the car after I sign it over to you, but that doesn't mean I am no longer legally obligated to make payments or that I have no right to any refund if the car dealer or the automobile lender overcharged us I'm assuming your husband's name was on both the mortgage and the lawsuit, which means that Wells Fargo will not cut a check to you alone without his consent. I'm also assuming that you and your husband sued Wells Fargo for some impropriety in your mortgage loan, and that the settlement represents some overpayments or other expenses that you both, as the obligors, incurred due to the bank's wrongdoing.  If so, and if your husband only signed over his right to the house, he would have a claim to his portion of the settlement (just as he remains liable on the mortgage). This would be even more clear if you knew about your claim against Wells Fargo at the time of the post-nup but nevertheless it didn't provide that your husband signed over rights to the proceeds of the lawsuit.  The agreement is likely going to be the last word on this dispute, and if it didn't provide for your husband to waive his rights to a share of the proceeds of the lawsuit, then he still  has those rights.... Read Answer

Hi Peter, if you would like to file a request to increase your 10% rating you would want to file a supplemental claim requesting an increase on the back.  You can do this online through eBenefits or file a paper form found at https://www.va.gov/decision-reviews/supplemental-claim/.  The VA will then schedule for a new exam to evaluate if an increase is warranted.  If they don't give you an increase or not enough of an increase, we would recommmend filing an appeal and working with a representative such as our office.  We would be happy to review your decision when you get it at no cost to you. ... Read Answer

As executor it is your duty to gather the assets, pay the debts and distribute what remains according to the Will.  This includes NOT allowing someone to squat in the home (or evicting them if they do) and selling the home to pay  the debts.  The home must be sold for fair market value, meaning that there must be a public sale, not a "sweetheart deal" with someone.... Read Answer

If your brother applied for you in 2010, you are still a long way from being able to obtain benefits through his petition. You state that you are an Indian citizen and I will assume for purposes of your fact situation that you are also born in India. Currently the final action date chart in the month of November 2020 for F-4 cases from India is only up to 3/8/05 and the date for filing chart up to 11/22/05. It will likely be at least another five years before you will be able to either file an I-485 application to adjust status in the US or form DS-260 immigrant visa application to process at the US Consulate or embassy. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

I am sorry to have to reply that you must reopen the estate and reopen the estate bank account to deposit the check.  The alternative is to let the estate go to unclaimed property with the state comptroller and after some years (it varies by state) prove that you (and any other heirs) are entitled to the funds.... Read Answer

Read the document carefully.  Many Durable Powers of Attorney provide that the successor agent shall serve if the first named agent is unable or unwilling to act.  You may not need to do anything beyond sign a dated letter stating that you are unable to act and attach it to the Durable Power of Attorney.... Read Answer

Why would you lie?  Do you think that someone who is asking you to lie will then give you money?  It is common for an executor to request a signed receipt and release.  Please note the word "receipt."  Please also note that it is not common to provide the "full disclosure" you desire.           ... Read Answer

A beneficiary can witness a Will if she gives up all her inheritance rights.  The same thing may apply to a notary.  Report the notary to the State Comptroller and take a copy of the Will to a probate attorney who practices in the county in which your father died.  Note that in some states, inheritance is separate property so everything would pass to your uncle.  In other states, the bequests to both your uncle and his spouse would be void and the estate would pass to whomever is named as the remainder beneficiary.  Depending on the language in the Will, the state law and the judge, the entire Will may be void and the estate will pass to your father's heirs at law (including you if his wife is no longer with us.)... Read Answer

Only a court can award guardianship.  Some courts and some state bar websites have lists of guardianship attorneys.  If you do not find any, you may find one on the website of the Special Needs Alliance. Hire a probate lawyer who practices in the county in which your father died to apply for you to have authority to settle his estate as the executor (if he left a Will) or administrator (if he did not).  You will then have authority to request his medical records.... Read Answer

You have 30 days from the date of service to file your response to the Summons and Complaint. You should file a response even if you believe there are not many issues to negotiate so that you preserve your rights, and this gives you the opportunity to file any counterclaims that may apply in your case. Mediation is required for any family court proceeding before going to a final hearing, so you will have a mediation on your case unless you can negotiate an agreement to divide up the marital estate prior to mediation.... Read Answer

Typically not without a subpoena or through discovery process in a divorce proceeding, as those companies usually do not give out information voluntarily to non-accountholders. If you have other concrete evidence that gives you reason to suspect a mistress, you may be able to file for an at-fault divorce based on adultery.... Read Answer