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South Carolina Questions & Answers
1 Answer | Asked in Business Law for South Carolina on
Q: What documents need to be filed to add new directors to an established 501c3 nonprofit in South Carolina?

Would this be done using the Articles of Amendment on the Secretary of State website? If so, would it be added in the Additional Amendment Info area and what wording should be used?

Matthew Morris
Matthew Morris
answered on Feb 17, 2023

It's very unlikely that you need to file anything with the state to add new directors. It is likely that your 501(c)(3)'s bylaws contain a provision that sets out the minimum and maximum numbers of directors and how the directors are chosen. To add new directors, your most likely course... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: ]See below as this box stops mid word in typing process.

Above box was not working. In SC probate law, how long does a complaining plaintiff have to serve a defendant the summons he has submitted to the court? Plaintiff filed complaint one week before ten year deadline with falsified information being given to the court. Defendant was original named... Read more »

Anthony M. Avery
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answered on Feb 15, 2023

Defendant needs a competent SC attorney to file Motion To Dismiss for the SOL, lack of Service, Summons not reissued in a timely manner, etc. This is not the kind of Case to represent yourself as there could a large Judgment By Default, which you would not know about until too late to appeal or... Read more »

1 Answer | Asked in Wrongful Death and Medical Malpractice for South Carolina on
Q: How long are blood and tissue samples saved in SC for the purpose of lawsuit? Who can obtain them!?

I have contacted an attorney, sent a summary and outline to them medical records and the autopsy and haven’t heard back about if they’ll take the case or not. My mother died December 18th. Failed to diagnose or biopsy tissue. They cancelled her appt in October saying they saw no reason that the... Read more »

Roy Willey
Roy Willey
answered on Feb 13, 2023

First, let me express my sincerest condolences on the loss of your mother under such unexpected circumstances. I am so sorry to hear the tragedy you are experiencing.

Second, with respect to your specific question the answer is that it depends. Everything should be documented in the...
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1 Answer | Asked in Education Law for South Carolina on
Q: I go to Charleston southern and I went for the fall term and now I owe 45 grand

During the fall semester I was ment to right and give them 3 letters for a dependency over rude form it took me maybe 2 weeks to get them to them after I kept calling constantly and was getting told the same thing there still processing we don’t need anything else because of this situation I... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. One option is to consult with a local attorney to discuss in detail. It's going to be difficult for any attorney here to offer meaningful guidance based on a brief description. If an attorney shows... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: The detective told 4 lies durning A grand jury hearing . What can be done?
John Michael Frick
John Michael Frick
answered on Feb 4, 2023

If you were indicted, your best strategy is to hire a competent experienced criminal defense attorney and show the jury at trial each of those statements was a lie.

That could increase your chance of being found not guilty.

2 Answers | Asked in Immigration Law and Adoption for South Carolina on
Q: Am I a US citizen?

Hello,

My adoptive father was a US armed forces serviceman (honorable discharge in early 90s) stationed in UK when he met and married my UK born mother in 1984. I was 3 years old at that time. I have no relationship with my biological father. I immigrated to the US on an IR2 visa and green... Read more »

James L. Arrasmith
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answered on Feb 26, 2023

Based on the information you provided, it is possible that you may already be a U.S. citizen. You were born to a U.S. citizen parent who was physically present in the United States for the required period of time prior to your birth, and your father is a U.S. citizen. In addition, you were adopted... Read more »

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1 Answer | Asked in Child Support and Divorce for South Carolina on
Q: What do I do if I and going through a 2 plus year divorce in sc and spouse owes child support but ran off to AZ

I don’t not know where he is in AZ only found where he got a speeding ticket in Chandler Az in April of this year. Have not been able to find him until this ticket I found. He has not shown up for court dates etc

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

A private investigator in Arizona should be able to run a "skip trace" to try to determine his whereabouts. You might also search for any public records related to his speeding ticket -- the jurisdiction where he received it likely has an address for him.

1 Answer | Asked in Child Support and Tax Law for South Carolina on
Q: What’s the best way to keep finances separated if you are about to marry a man with child support

Do I have to file married with him or can I keep it as head of household?

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

This is actually a question about taxes. Married couples can file taxes in one of two ways: "married filing jointly" or "married filing separately."

Filing your taxes as a married person, either jointly with your spouse or separately, does not affect your fiance's...
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1 Answer | Asked in Child Support for South Carolina on
Q: How to stop wage garnishment in South Carolina
Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

S.C. Code Ann. Section 63-17-1470(B) provides that a person who is subject to income withholding may petition the Family Court to terminate the withholding if (1) there is no longer a current order for support and all arrearages are paid; or (2) the payor has not previously terminated withholding... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Divorce for South Carolina on
Q: What if the petitioner was the actual person doing the abusing?

My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Who is the visiting parent? In final order it states the visiting parent won’t get the following weekend after a holiday
Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

In your court Order, there is likely language that designates one parent as the custodian and the other parent as the visiting parent; or, the "visiting parent" is the parent who has less time with the child(ren) overall. You may need to schedule a consultation with a family court lawyer... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: What should a father do if a mother runs to another state from SC with minor child?

Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I had my son when his father and I were split up. His father is not on the birth certificate

I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: My wife and I sold a house in Massachusetts moved to South Carolina. We are having problems in our marriage

We bought a house in South Carolina no mortgage but she’s the only one on the title. I am not. She’s trying to force me to move back to Massachusetts because we are having problems with her daughter. She saying she does not wanna divorce, but wants me to move back to Massachusetts. I’m... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

It is unclear how long you and your wife have lived in South Carolina, and that is an important fact for determining whether the Family Court would have authority to address any issues in a divorce between you and your wife. Assuming you have both lived here for at least 3 months, then the... Read more »

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.

If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric...
Read more »

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2023

Given that you are talking about your grandfather, I am going to assume that you are talking about a patent that issued more than 20 years ago. Perhaps even in the 1950s or earlier?

Patents don't last forever. These days they last about 20 years from filing. Earlier US patents lasted...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can an officer pull u over and test a pill and weed tell u that they aren't charging you for it only gives the person

A dus and let them go but comes back a month n half later to serve a warrant with the whole narcotics team. Inst that like double Jeopardy

Casey Brown
Casey Brown
answered on Jan 23, 2023

The first question is Did the officer have a right to stop the vehicle. Then, the issue is how did they find the alleged substances. They should not be tested these substances roadside. But it is possible to charge the person later with a warrant for arrest though problematic for the prosecution.... Read more »

1 Answer | Asked in Civil Litigation and Nursing Home Abuse for South Carolina on
Q: is there a place that the public can check on wins or jury cases for a lawyer?
Roy Willey
Roy Willey
answered on Jan 23, 2023

Yes, if you know what you are looking for. When hiring a civil litigation attorney you should ALWAYS ask about their success in the courtroom with jury verdicts. This is not because your case will absolutely go to trial, it may not, but insurance companies know the lawyers that will go the... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: I am the remainderman on a life estate deed with my mom and brother as life estate clients. Can I sale my ownership

My life tenants have put up a sale sign as of yesterday after tress have fallen on house and septic tank and other issues. The value is not up to par, I doubt they had insurance since they asking to sale , and no one mentioned anything to me

Nina Whitehurst
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Nina Whitehurst
answered on Jan 17, 2023

In theory, yes, you can sell your remainder interest, but as a practical matter you might find it difficult to find a buyer who is willing to wait until both life tenants pass before he can take possession of the property.

The life tenants could also sell their life estates but, again, as a...
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1 Answer | Asked in Admiralty / Maritime, Civil Rights, Libel & Slander and Wrongful Death for South Carolina on
Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?

It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company?

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the... Read more »

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