South Carolina Recent Legal Answers from Lawyers

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472 legal questions have been posted about by real users in South Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
South Carolina Recent Legal Answers from Lawyers
Page 6 of lawyers' answers to legal questions about South Carolina.

Recent Legal Answers

Can a US citizen marry someone visiting on a work Visa?

Answered 6 years and 5 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Yes as long as she entered the USA legally, you can marry her and then file for her green card through adjustment of status.(even if she overstays her visa).  During the pendency of the adjustment application, she can get permission to work based on your spousal petition. There are some restrictions if she is in a J1 visa. Counsel anywhere in the USA can represent you and some of us charge fees that are lower than the USCIS filing fees to handle the case throughout its lifespan. The case takes about 1 year. ... Read More
Yes as long as she entered the USA legally, you can marry her and then file for her green card through adjustment of status.(even if she overstays... Read More
You may want to contact a local elder lawyer to ask about South Carolina's law on an agent's duties and the remedies available if an agent breaches his duties.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.com)
You may want to contact a local elder lawyer to ask about South Carolina's law on an agent's duties and the remedies available if an agent breaches... Read More
Hire an estate planning attorney to make a Will which divides your money evenly among the three children, holding it in trust for them until they are 25, and naming someone other than your boyfriend as the trustee.
Hire an estate planning attorney to make a Will which divides your money evenly among the three children, holding it in trust for them until they are... Read More

Can I get a green card for my mother's boyfriend?

Answered 6 years and 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I believe that it would prove very difficult for him to obtain a visa based on the situation that you have outlined.  The fact that your mother's boyfriend is sick is detrimental in a visa application adjudication. The Trump Administration has recently even attempted to deny extensions of deferred action for people that the US previously admitted for medical reasons. Other negatives are that he never married your mother (if the request is for a humanitarian parole) and his longtime stay in the US for 11 years if he was illegal during that time. 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 More
I believe that it would prove very difficult for him to obtain a visa based on the situation that you have outlined.  The fact that your... Read More
It may depend on what your LLC operating agreement and what your revocable living trust say.
It may depend on what your LLC operating agreement and what your revocable living trust say.

Do I need a Delaware attorney?

Answered 6 years and 8 months ago by attorney Bruce Robins   |   1 Answer
Depends. If you have a lawyer you trust, you can use him/her, but if the matter goes to court you’re going to have to use a Delaware attorney, either alone or s co-counsel to your first attorney.  If you have no particular relationship with an attorney yet, you might as well start with a Delaware attorney / it would be cheaper. ... Read More
Depends. If you have a lawyer you trust, you can use him/her, but if the matter goes to court you’re going to have to use a Delaware attorney,... Read More
If the contractor is refusing to communicate with you, your may have little choice but to sue him.
If the contractor is refusing to communicate with you, your may have little choice but to sue him.

Does a Power of Attorney for a minor need to be recorded?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship and Conservatorship
It does not be recorded.  The parents (not just one parent) can grant Temporary Guardianship via a POA and revoke it at will.
It does not be recorded.  The parents (not just one parent) can grant Temporary Guardianship via a POA and revoke it at will.

Can a lawyer be sued?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes.  You may need a receipt for the cash.   You can also file a complaint, called a "grievance". with the state bar.
Yes.  You may need a receipt for the cash.   You can also file a complaint, called a "grievance". with the state bar.

Can I get back something I temporarily gave to family member

Answered 6 years and 9 months ago by attorney Bruce Robins   |   1 Answer
Of course you can "ask for it back", but whether you can have a court compel her to return it depends on what the deal was originally.  If the Court finds that you are telling the truth, and you were only lending the furniture to your sister for a period of time which time has passes, you cna get the furnityre back.  If the court finds (as your sister may claim) that it was an unconditional gift, you can't revoke it.... Read More
Of course you can "ask for it back", but whether you can have a court compel her to return it depends on what the deal was originally.  If the... Read More
You have asked several questions. Because a caregiving agreement is a personal service contract, it may well end if the caregiver becomes incapacitated -- but does not end if the person receiving care becomes incapacitated. Ordinarily the agent under a Durable Power of Attorney granted by the person receiving care would have authority to fire the caregiver.  That person does not have to be a relative. If the caregiver is the agent under a Durable Power of Attorney granted by the person receiving care and is thought to be exploiting or abusing the person needing care AND the person now lacks legal capacity to revoke the Durable Power of Attorney, it may be necessary to seek a guardianship. Please consult a local attorney handling guardianships.  You can find a local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)    ... Read More
You have asked several questions. Because a caregiving agreement is a personal service contract, it may well end if the caregiver becomes... Read More
Contact a local probate attorney.  If you were a designated beneficiary, the money should have gone directly to you.  If the estate was the beneficiary, it should have been probated and you should have been given either the amount stated in your father's Will or the amount you are due as an heir.  Whether you then give it to your children is another matter.... Read More
Contact a local probate attorney.  If you were a designated beneficiary, the money should have gone directly to you.  If the estate was the... Read More
That depends on whether he died with or without a Will and, if he died without a Will, on the intestacy laws of South Carolina.  Contact a local probate attorney and settle the entire estate.
That depends on whether he died with or without a Will and, if he died without a Will, on the intestacy laws of South Carolina.  Contact a local... Read More
A fiance visa would be the quickest route. Discuss with counsel who can handle the case from start to finish so that its done without mistakes and without delay. Many of us have reasonable fees as we understand how burdensome the government filing fees are. Counsel anywhere in the USA can represent you. ... Read More
A fiance visa would be the quickest route. Discuss with counsel who can handle the case from start to finish so that its done without mistakes and... Read More
I don't see any fraud, but you can sue your mother for breach of contract, assuming that the stattue of limitations hasn't run, which depends on when she breached, i.e. when was the last time she made a payment on the debt.
I don't see any fraud, but you can sue your mother for breach of contract, assuming that the stattue of limitations hasn't run, which depends on when... Read More
If your husband's immigration violations did not involve multiple entries and violations in each period of time while staying here, and you are a US citizen or permanent resident, you can apply for him with an I-130 petition for alien relative and once that is approved, he can go through consular processing under which he will be denied at interview, but given an opportunity to submit forms I-212 application for advance permission to return to the US after removal and I-601 for waiver of other bars on admissibility. If the process is successful, the period of time will depend upon whether you are a permanent resident or US citizen and the speed of U.S.C.I.S. in adjudicating the applications. A rough guess is 2 1/2 years if you are a US citizen and 3+ years if a permanent resident.  I cannot give you an estimate on costs as attorneys charge differently, but I do note that the work to be done is difficult.  If you do not have much means, I suggest that you seek the assistance of Legal Services or other non-profit groups.  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 More
If your husband's immigration violations did not involve multiple entries and violations in each period of time while staying here, and you are a US... Read More
You don't indicate whether the "father's company" is a separate entity (i.e. a corporation or llc), in which case his death affects nothing, the entity (not the daughter or any sibling) remains liable.  If the father ran a sole proprietorship, i.e. the bussiness was not a separate legal entity, it gets more complicated.  The daughter (or sibling) still has no individual responsibility for the father's obligations, but you would have a claim against the father's estate, and may be able to collect from the estate's assets, such as the business, even if they were transferred to the daughter.... Read More
You don't indicate whether the "father's company" is a separate entity (i.e. a corporation or llc), in which case his death affects nothing, the... Read More
After marraige, your husband can apply at the Consulate ain Ghana for his green card. Counsel anywhere in the US can assist you. 
After marraige, your husband can apply at the Consulate ain Ghana for his green card. Counsel anywhere in the US can assist you. 
As the attorney representing you in probating the estate may advise, in most states it is possible to have the recalcatrant heir served by the constable.
As the attorney representing you in probating the estate may advise, in most states it is possible to have the recalcatrant heir served by the... Read More
My deepest condolences on your loss. You should retain counsel to sue the at fault driver immediately. Good luck.
My deepest condolences on your loss. You should retain counsel to sue the at fault driver immediately. Good luck.

What constitutes a disability?

Answered 7 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Social Security Disability
While there is a list of disabilities on www.ssa.gov, the important question is whether the condition is so disabling that it makes the person unable to engage in "substantial gainful activity", earning at least $1,220/month (2019), for at least 12 months or to result in death.
While there is a list of disabilities on www.ssa.gov, the important question is whether the condition is so disabling that it makes the person unable... Read More
Once it is submitted for probate (proof that it is genuine, etc.), your father's Will becomes a public document.  Check with the court clerk or look online:  many probate courts now have their records available online.  
Once it is submitted for probate (proof that it is genuine, etc.), your father's Will becomes a public document.  Check with the court clerk or... Read More
Explain your concerns to the lawyer. 
Explain your concerns to the lawyer. 
If you are a US citizen and get married to a Guyana National in his country, he can process his green card application at the consulate there and once it’s available, he can enter the USA. There are other options available. Discuss with counsel to explore the best course of action. Counsel anywhere in the USA can help you.... Read More
If you are a US citizen and get married to a Guyana National in his country, he can process his green card application at the consulate there and... Read More

What do I need to do about getting someoneโ€™s name off of our land?

Answered 7 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Ask a lawyer to help you file a Correction Deed.
Ask a lawyer to help you file a Correction Deed.