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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 3 of lawyers' answers to legal questions about South Carolina.
Legal Issue
South Carolina

Recent Legal Answers

Can we sell half a business?

Answered 4 years and 9 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business Law
It is not unusual for people to sell part of a business.  The easiest way probably is to incorporate the business (assuming it is n ot already operated by a corporation) and then sell some of the stock, but it can be done even if the business is a sole proprietorship.  Of course, a buyer is likely to pay less for a minority non-controlling interest than for a controlling or equal share.  Also, without knowing anything about your business, I think a buyer may be concerned with your partner competing with the business once he is bought out, and may want your partner to sign a non-competition agreement as part of the deal.... Read More
It is not unusual for people to sell part of a business.  The easiest way probably is to incorporate the business (assuming it is n ot already... Read More

How can I obtain a last will and testament of my grandpa?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
When a Will is submitted for probat, it becomes a public document.  Check with the local probate court clerk.
When a Will is submitted for probat, it becomes a public document.  Check with the local probate court clerk.

Found an old annuity in NC unclaimed property belonging to my deceased dad. I have 2 siblings, and he was remarried when he died in FL. Can I claim?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Follow the rules to apply, showing that you and your siblings are the heirs and only heirs (if you are).  If your stepmother had been the designated beneficiary, the annuity would not have done to unclaimed property.
Follow the rules to apply, showing that you and your siblings are the heirs and only heirs (if you are).  If your stepmother had been the... Read More

My mom died 5/1/21. I have a cousin that's been FREELOADING on her. NowI own the property. How do I get him out?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Submit your mother's Will to probate or, if there was no Will, apply for a determination of heirs.  When the Court appoints you executor or her Will or administrator of her estate, bring an action for wrongful detainer (eviction) in small claims or justice of the peace court and hire the sheriff to put your cousin and his belongings on the curb.... Read More
Submit your mother's Will to probate or, if there was no Will, apply for a determination of heirs.  When the Court appoints you executor or her... Read More

The old Lease states, my breed of dog is allowed and is Valid for another five months. Do I have to sign the new Lease which states, my dog breed isn'

Answered 4 years and 10 months ago by attorney Bruce Robins   |   1 Answer
You don't have to sign the new lease, but if hte landlord refuses to modify the proposed new lease and you don't sign, you will have no right to the space you've leased in 5 months, and can be evicted.
You don't have to sign the new lease, but if hte landlord refuses to modify the proposed new lease and you don't sign, you will have no right to the... Read More

My Father and I ran a small engines repair shop and is son was left just about everything do I have any rights as far as the repair shop I worked for

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may have a claim for unpaid wages.  See a local employment lawyer.
You may have a claim for unpaid wages.  See a local employment lawyer.

How do I ammend a will to change the executor and certain wishes

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
An amendment to a Will is called a Codicil.  It should be drafted by an attorney and must be signed, witnessed and notarized with the same formality as the Will.  Things you write on the Will will be ignored by the Court.  A Codicil is not a DIY project.  Contact a local estate planning attorney.... Read More
An amendment to a Will is called a Codicil.  It should be drafted by an attorney and must be signed, witnessed and notarized with the same... Read More

Am I responsible for my Mother’s care?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Talk with an elder lawyer.  To find one near you, see the website of the National Academy of Elder Law Attorneys (www.naela.org).
Talk with an elder lawyer.  To find one near you, see the website of the National Academy of Elder Law Attorneys (www.naela.org).

My husband expired April 15 2020. We owned everything jointly,he had a will leaving everything to me. Probate was filed May 2020,I was made PR . In Au

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Talk with your probate attorney about reopening the estate and the estate bank account so that you can deposit the check payable to the estate.
Talk with your probate attorney about reopening the estate and the estate bank account so that you can deposit the check payable to the estate.

What type of lawyer do I need to write a will? Estate planning? Im on disability.

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you need an estate planning attorney familiar with special needs planning so that nothing you inherit will affect such needs-based public benefits at SSI and Medicaid.
Yes, you need an estate planning attorney familiar with special needs planning so that nothing you inherit will affect such needs-based public... Read More

Is there any way of getting my money back because of signing a new contract?

Answered 5 years ago by attorney Bruce Robins   |   1 Answer
There is a possibility that the no-refund provision of the conract would be considered an unenforceable penalty by a court, but it is not by any means a slam dunk.  Also, although you may have a short period of time to cancel, it doesn't sound as if you do so.  In general, unless a conrtact expressly provides for it,  you don't have a right to cancel a contract; that would be a breach and, even if the venue couldnt' keep all of your deposit, you would be responsible for any damages it suffered because of the breach, for example if it could only book a smaller event for that date.... Read More
There is a possibility that the no-refund provision of the conract would be considered an unenforceable penalty by a court, but it is not by any... Read More

probate court

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Please discuss this matter with the attorney who represented the executor in the probate of your sister-in-law's estate.  That person is more familiar with the facts of the case than anyone on this listserv.
Please discuss this matter with the attorney who represented the executor in the probate of your sister-in-law's estate.  That person is more... Read More

Can someone sue you 2 years after a car wreck in which insurance paid for damages?

Answered 5 years ago by attorney Bruce Robins   |   1 Answer
Anybody can sue anybody for anything, but what you're really asking is does she have a case.  Was there a settlement agreement which included a release, or some sort of agreement that the party would not seek further compensation?  If your insurer paid money to the other party, it almost certainly would have obtained such a release.  If not, the SC satute of limitations on such a claim is 3 years from the accident.... Read More
Anybody can sue anybody for anything, but what you're really asking is does she have a case.  Was there a settlement agreement which included a... Read More

I'm the pers. rep of my moms estate. My brother lives there. I'm trying to sell the house while in probate and he's making it hard. Can I evict him

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Not only can you evict him, it is your duty to do so.  File a suit for "wrongful detainer" in small claims or justice of the peace court (depending on what it is called in your state).  If he does not comply, hire the sheriff to physically evict him and dump his stuff at the curb.... Read More
Not only can you evict him, it is your duty to do so.  File a suit for "wrongful detainer" in small claims or justice of the peace court... Read More

The bank is not recognizing Durable Power of Attorney papers

Answered 5 years and 2 months ago by attorney Bruce Robins   |   1 Answer
You can sue the bank to compel it to recognize your power of attorney, but it would probably be easier to get the bank to supply you with a form it would recognize, then have that one executed.
You can sue the bank to compel it to recognize your power of attorney, but it would probably be easier to get the bank to supply you with a form it... Read More

Can children go back an get thier share

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Please talk to a local probate lawyer who handles litigation (most do not), bringing all the documents.
Please talk to a local probate lawyer who handles litigation (most do not), bringing all the documents.

What is considered personal property in a Will?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
In a Will, personal property is property which is not real property (real estate). While property acquirerd during a marriage is community property, split 50-50, in community property states, (1) SC is not a community property state and (2) you are not married.
In a Will, personal property is property which is not real property (real estate). While property acquirerd during a marriage is community property,... Read More

Where could I get a disability lawyer in my area?.

Answered 5 years and 3 months ago by attorney Steven Neil Perrigo   |   3 Answers   |  Legal Topics: Social Security Disability
You can search websites like Avvo or Lawyers dot com.  Also search NOSSCR which is an organization for SSDI representatives.
You can search websites like Avvo or Lawyers dot com.  Also search NOSSCR which is an organization for SSDI representatives.

As the personal representative of my mothers estate, what steps do I take to evict my sibling that has been stealing from the estate. SC.

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Once a court has appointed you executor or administrator of your mother's estate, change the locks.  If he is living in the home, it is your duty to bring a suit in JP or small claims court for eviction ("lawful detainer") and hire the sheriff to remove him.
Once a court has appointed you executor or administrator of your mother's estate, change the locks.  If he is living in the home, it is your... Read More

What can I do if someone signed my name on a deed to take everything when my wife died

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a lawyer and sue, perhaps in a suit to quiet title.  Then take the judgment to the DA to seek criminal prosecution for fraud and forgery.
Hire a lawyer and sue, perhaps in a suit to quiet title.  Then take the judgment to the DA to seek criminal prosecution for fraud and forgery.

My father died with a mortgage on his home. I do not want the property. What do I do? I have a court summons without a date for a hearing.

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Let the foreclosure proceed.
Let the foreclosure proceed.

How can I avoid probate on an estate that my sister is willing to me?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
A Will has no legal effect until a court admits it to probate.  Your sister may be able to gift you some personal items while she is alive, make her bank accounts "Pay on Death" and may or may not be able execute deeds which transfer title on her death.  See a local estate planning lawyer.... Read More
A Will has no legal effect until a court admits it to probate.  Your sister may be able to gift you some personal items while she is alive, make... Read More

Can a surviving spouse dispose of assests when they aren't named executor? Could executor be held liable?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
As your probate lawyer may havve advised you, as executor it is your responsibility to gather the property, even if this means suing.  Whether a lawsuit would be financially worthwhile is another question.
As your probate lawyer may havve advised you, as executor it is your responsibility to gather the property, even if this means suing.  Whether a... Read More

can I transfer all my property so that my children won't have to pay any bills (nursing home, cremation, etc)

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Medicaid is paid by your fellow tax payers out of the general tax revenues.  That is why you cannot simply transfer all your property to your children and expect strangers to pay for your care.  Anything transferred for less than fair market value in the 60 months before you apply will delay the time before Medicaid will pay, perhaps by years.  You can, however, enter into an irrevocable prepaid funeral polcy to pay for your cremation.  Please note that your children are not responsible for your bills -- but you are.... Read More
Medicaid is paid by your fellow tax payers out of the general tax revenues.  That is why you cannot simply transfer all your property to your... Read More

Do POAs need to be registered by a county or state agency in South Carolina? I used Willmaker. The POA documents are signed and notarized.

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
To be effective with regard to real estate any document, including a POA, must be recorded in the county deed records where the real estate is located.  Cross your fingers that the Willmaker POA form is the one required by the SC legislature or get one which is.
To be effective with regard to real estate any document, including a POA, must be recorded in the county deed records where the real estate is... Read More
Legal Issue
South Carolina