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Questions Answered by L. Wayne Patterson
1 Answer | Asked in Estate Planning for South Carolina on
Q: Do I have to pay an attorney to get my inheritance?

Dad passed away and an attorney is wanting to charge me too get my inheritance

L. Wayne Patterson
L. Wayne Patterson answered on Feb 13, 2015

Your question is very general and depends on the specifics of your situation. I would suggest that you consult with a South Carolina probate attorney who can review the probate file with you and advise you of your rights to receive any inheritance.

This answer is for general advice. It...
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1 Answer | Asked in Probate for South Carolina on
Q: Both my parents died and they didn't have wills. They owned a car. Can I have the car put in my name?
L. Wayne Patterson
L. Wayne Patterson answered on Feb 13, 2015

A South Carolina probate estate will have to be opened in order to transfer the title to a vehicle. Contact the probate court in the county where they resided for the requirements to open an estate. You will need an original of their death certificates and wills if they had a will. South Carolina... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: SC Divorce; Property entitlement

Would I be entitled to a portion of the value of items such as, boats, jet ski etc. my husband purchased during our 9 year marriage if he put them in his mother's name? (if I filed for a divorce) He has been the sole provider during our marriage and says I wouldn't be entitled to anything... Read more »

L. Wayne Patterson
L. Wayne Patterson answered on Sep 26, 2013

Marital property includes all real and personal property the parties acquired during the marriage and owned as of the date of filing or commencement of marital litigation. S.C. Code Ann. § 20-3-630(A) (Supp. 2009). "The doctrine of equitable distribution is based on a recognition that... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: It says in our divorce papers that I have to pay alimony untill she remarries. legally what do I do after she marries?
L. Wayne Patterson
L. Wayne Patterson answered on Sep 26, 2013

In order to be sure that the termination of your alimony is properly entered with the court system, you should contact your attorney and have him file a petition for termination based on the remarriage.

This is general advice only and not legal advice. Please contact your own attorney for...
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1 Answer | Asked in Divorce for South Carolina on
Q: Is two side by side cabins, each with separate entrances and separate addresses considered being under one roof?

The rooms had adjoining doors which had locks on them and remained closed the majority of the time especially at night. My fiance was in one cabin with his kids and myself and my child in the other cabin. Is this a breech of "noone of the opposite sex under the same roof" under the divorce law?

L. Wayne Patterson
L. Wayne Patterson answered on Dec 31, 2011

That is really pushing the envelope of a finding of contempt. I would anticipate a judge finding that was contempt of the standard restraining order against overnight paramours, especially since there is a connecting door.

1 Answer | Asked in Divorce for South Carolina on
Q: If i had a house befor i got married and it's in my name can my husband sell it
L. Wayne Patterson
L. Wayne Patterson answered on Aug 27, 2011

No your husband cannot sell it. It is your separate property and only you can sell it. In a divorce, he may have a claim to a portion of the equity in the house depending on the circumstances.

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