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South Carolina Questions & Answers
1 Answer | Asked in Uncategorized for South Carolina on
Q: Can a driver park their vehicle on the side of the road in front of your home legally without your consent?

I contacted my neighbor and its her visitor and told her he couldn't park there and she refusing to move the vehicle. We live in the county in the state of South Carolina.

Tim Akpinar
Tim Akpinar answered on Sep 20, 2021

A South Carolina attorney familiar with local parking ordinances could advise best, but your question remains open for two weeks. As a general rule nationwide in most places, people can park on public streets freely. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for South Carolina on
Q: I backed into an illegally parked car in my neighborhood, HOA also states no overnight parking on street.

The car is facing the wrong direction and has been parked against the HOA bylaws for months. Am I at fault or are they.

Tim Akpinar
Tim Akpinar answered on Sep 14, 2021

A South Carolina attorney could advise best, but your question remains open for three weeks. In virtually any jurisdiction, the fact that a car is parked improperly does not generally get the person who hit the car off the hook. The driver of the moving car is generally still liable, but they may... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: What is the fine for 1st offense Section 56-3-1360 traffic violation

Only 2nd traffic violation, 1st being a speeding ticket

Ryan D Templeton
Ryan D Templeton answered on Sep 13, 2021

That statute does not provide for a penalty so you have to go to:

SECTION 56-3-2520. Penalties.

It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. Unless...
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1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can a married man who has been married to his only wife for 60+ years in his will give 100% to theirchildren an not her?

Doesn't the wife already own 50%? Why does she only get a lifetime right on the house? The wife says she had no knowledge of what the will said before his death.

Taylor Silver
Taylor Silver answered on Sep 7, 2021

Provided there is no question that the two were married, at the very least she is likely entitled something called an "elective share" and there may be other issues that protect her interest to probate (or non probate) property.

Probate issues are often complicated looking, but a...
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Q: Can the law legally hold my truck and impound when it wasn't part of my charges or fines for being arrested

What I was trying to say and not so many words is I got charged with the drugs but there's no charge or fines or tickets if anything to do with the truck how can they hold it

Peter David Brown
Peter David Brown answered on Sep 2, 2021

IF the arresting agency alleges that the vehicle was used in the futherance of the "criminal enterprise" they can seize it.

(for example: you were stopped with the drugs in the vehicle)

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: So I missed my court date for Criminal domestic violence 3rd degree? Is it possible I was tried in my absence?

Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records

Peter David Brown
Peter David Brown answered on Sep 2, 2021

Yes, you can be convicted in your absence.

The prosecution only needs to present the victim to the court.

If the victim testifies to the elements necessary to convict you of the offense, you could be convicted.

You would then have only a very limited time to appeal that conviction.

1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: Does for sale by owner real estate transactions require an attorney in SC?

The buyer wants to have a letter notarized that she will be buying the home and is giving money to the seller to do so. She is unable to complete the entire transaction due to time constraints at the moment and would like to know if the notarized letter will hold up in court.

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2021

It does not sound like the so called buyer is actually buying anything. Land is usually transferred between living bargainors by Deed and there are several statutory requirements for a Deed to be recorded and enforceable. She needs to hire a competent SC attorney and forget about the notarized... Read more »

1 Answer | Asked in Child Support for South Carolina on
Q: in South Carolina, where do I send an application for registering a foreign child support order
Megan Hunt Dell
Megan Hunt Dell answered on Aug 26, 2021

Where to send it will depend on which county you want to be able to enforce the foreign order in. The procedures detailed in South Carolina Code Sections 63-17-3610 through 63-17-3740 should help you -- they are available here: https://www.scstatehouse.gov/code/t63c017.php

1 Answer | Asked in Child Custody for South Carolina on
Q: We have joint custody, rotating every Friday. Do I have to let the mother call all the time during my week?

The Custody is joint switching on Fridays and I (Father) have primary placement. This wouldn't be a problem but the mother tends to be harassing me about whatever petty detail she can. And I feel like she is trying to turn my children against me.

Megan Hunt Dell
Megan Hunt Dell answered on Aug 26, 2021

Typically, South Carolina court orders for joint custody include provisions detailing each parent's rights to communicate with the child while he/she is in the care of the other parent. If you are not sure how to interpret the terms of your Order, the best course of action is to schedule a... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for South Carolina on
Q: I live with my girlfriend our son and her daughter from another marriage we have been together for 6 years

I live with my girlfriend we have a son together and she has a daughter which I never adopted I am the only one that works in the household my question is would I have to pay alimony if we split I'm ok with child support also would she be able to take him out of state I have also decided I... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on Aug 26, 2021

Alimony is only awarded in cases for divorce; if you are not legally married, then you would not have a divorce case.

1 Answer | Asked in Copyright for South Carolina on
Q: What constitutes copyright infringement on a blanket design?

I make my own baby blanket designs by assembling pre-licensed clipart in a particular fashion of my own style, also adding my own elements and embellishments. Some of these blanket designs have become very popular on Amazon and I've had some trouble with people copying me, so I registered my... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

Consult with an attorney.

The type of nuance you are asking Amazon to decide is not something they take on.

You may need a court to make a decision.

If the products are imported, contact Customs

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: How do i appeal a writ of ejectment In south carolina
Katie Marie Charleston
Katie Marie Charleston answered on Aug 11, 2021

While I am admitted to the Fourth Circuit Court of Appeals, I am not licensed in south Carolina, and this is not a private forum so this is not legal advice. What I can tell you is that there is typically a short period of time that you can appeal an ejectment. You should retain a lawyer to... Read more »

1 Answer | Asked in Copyright and Health Care Law for South Carolina on
Q: Hi! I am a surgeon and I want to convert a digital xray (no hipaa identifiers) into an NFT and sell it. any issues

The xray is a postoperative xray with implants that illustrate a good deformity correction and would be of educational value to surgical implant companies. Thanks!

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 9, 2021

Depends

Check with the HIPPA regulations and consult an attorney

Check if you had any waiver signed by the patients

1 Answer | Asked in Products Liability and Car Accidents for South Carolina on
Q: My dad was bringing my both my mopeds to me and got in a wreck both mopeds are totalled. Another person was at fault.

How can I go about getting money for my damaged property.

Jeffrey David Morris
Jeffrey David Morris answered on Aug 5, 2021

You would collect the money for the mopeds from the at-fault driver's insurance and or your father's comprehensive coverage.

1 Answer | Asked in Car Accidents for South Carolina on
Q: If my bro accidentally hit my neighbor parked car an already paid the Damages does he still have to give him money?

My bro one day was running late for work an go in his truck an when he went to go he accidentally had it in reverse an hit the other truck. The neighbor wasn't mad he just wanted him to fix the damages an that's what my bro did an now he saying he still owes 6-700 more dollars

Tim Akpinar
Tim Akpinar answered on Aug 2, 2021

A South Carolina attorney could advise best, but your post remains open for two weeks. This might be a tough one because it looks like things were more or less done over a handshake, and repairs seem to have been done outside a shop. Ordinarily when insurance carriers process these PD claims, they... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: My Aunt recently committed suicide after selling her house. She had no will and left no note

She just sold her house in in NC and moved in with my Dad(her brother) in SC. I had been talking to her a lot recently and she had told me several times she felt like something was going to happen to her and she didn't want my dad to have her money. Being she has no surviving spouse, parents... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 30, 2021

If the facts you related are true, there is nothing you can do. Her husband will inherit. The only exception would be if you can prove that she did not kill herself; rather, her husband killed her. If he killed her, then he does not inherit.

2 Answers | Asked in Probate for South Carolina on
Q: Is it illegal to get someone to sign a dual power of attorney if the person has dementia when they already have poa?

Is that considered elder abuse?

Nina Whitehurst
Nina Whitehurst answered on Jul 29, 2021

A POA given by someone who lacked sufficient mental capacity when it was signed is invalid. Unfortunately, the challenger must prove the lack of capacity. Yes, coercing an elder who lacks capacity to sign a document that has legal significance is elder abuse.

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1 Answer | Asked in Probate for South Carolina on
Q: Can someone help me figure out my Mom's will? Some things just don't make sense.

First off the will was typed on a typewriter from 1984, but it does have a proper notary seal.

Second, it opens up by saying she is a legal resident of Texas, but she had been a resident of South Carolina for over 25 years. This was written up when she and my father were still in the Air... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 28, 2021

The sentence you quoted leaves everything to her husband if he survives her by at least 120 days.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2021

The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it legal to charge an overdose victim w drug poss if the evidence was found as a result of needing med. Help
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 25, 2021

Hello,

Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs,...
Read more »

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