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Questions Answered by Taylor Silver

1 Answer | Asked in Probate for South Carolina on

Q: My father has recently passed. I'm his only son but he left everything to a girlfriend. What can I do?

My father was diagnosed with Parkinson's Dementia and his will was changed 2 years ago. We was not in a sound mind and I feel she persauded him.

Taylor Silver answered on Jun 5, 2019

If South Carolina is the appropriate jurisdiction in which to probate your Father's Estate, you need to talk to a local attorney immediately. While I cannot comment on your specific situation given the amount of unknown information, it is possible to have Wills or Codicils set aside due to the... Read more »

1 Answer | Asked in Probate for South Carolina on

Q: My mom died and we can't find the deed to the house? What can we Do? It's left to me and my brother in the will.

Taylor Silver answered on Feb 26, 2018

You do not need an original deed to real estate, all properly recorded deeds are on file with the Register of Deeds Office (sometimes called Register of Mesne Conveyances) for every County in the State of South Carolina. Go to the Register of Deeds office for your local County Government and they... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on

Q: My son is 20, his dad died recently, son has copy of will, current wife is saying no will. Original will has been seen

Will was drafted before the marriage, saying there is no will benefits current wife. She wants to start probate without the will, how should I proceed?

Taylor Silver answered on Feb 26, 2018

Your son needs to speak to a local probate attorney immediately. At the least, he needs to bring the copy of the will with him to his appointment, a list of his father's other children (both living and deceased) and their children, and a list of likely assets contained within the estate.... Read more »

1 Answer | Asked in Business Formation and Business Law for South Carolina on

Q: "Short term" notice on not renewing lease by the landlord

I own a restaurant business in this place since 2006. My current lease is ending on December 31, 2017. I reached out to the landlord for a new extension in June, and he agreed. But there is an unresolved issue on the new extension agreement cause the delay on making this extension effective. I kept... Read more »

Taylor Silver answered on Nov 2, 2017

Seek out a local attorney to review your current lease and advise you of your options. Your lease terms will generally control in extension disputes provided it complies with statutes and common law requirements.

A consultation of this nature should not take all that long or be...
Read more »

1 Answer | Asked in Family Law for South Carolina on

Q: if my kids live in a different state and there is no custody arrangement how do I get visitation

Taylor Silver answered on Nov 2, 2017

You would most likely be bound by the laws of the state in which the children are living. The proper state in which to bring a suit involving custody/visitation is usually determined by the UCCJEA - a statute that has been adopted by most states. Once you determine the proper state to bring your... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for South Carolina on

Q: My mother passed away but didn't have a will. My step father's not giving me any of her things.

He still has everything except stuff he's taken out of house already am I entitled to any of her things. I took care of her care of her for 5 years before she died. But she didn't have a will

Taylor Silver answered on Sep 11, 2017

If she died without a will you are likely entitled to some of her estate. You need to speak to a probate attorney about your predicament as soon as possible to avoid possible loss of estate property.

1 Answer | Asked in Divorce for South Carolina on

Q: What's the easiest route to take for a wife and husband who want a divorce without fighting for property, alimony, etc.?

Taylor Silver answered on Aug 17, 2017

An uncontested, no-fault divorce is generally most easily achieved after the parties have been separated one full year. I still recommend hiring an attorney to help with this process. Getting divorced in SC, among other requirements, entails filing and serving a complaint, giving testimony in... Read more »

1 Answer | Asked in Estate Planning for South Carolina on

Q: Does the estate lawyer transfer the titles to the vehicles for the survivors of the deceased?

My husband died in an accident and I was told that the lawyers handling the estate transfer the title(s) of vehicles in the estate.

Taylor Silver answered on Aug 17, 2017

The only person that has the power to transfer the titles while the estate is open is the person appointed as the personal representative. Have the PR ask the estate attorney for guidance if they are unsure how to go about this.

Disclaimer: This answer is not intended to be legal advice...
Read more »

1 Answer | Asked in Child Custody for South Carolina on

Q: My daughter had been living with me the past 4yrs and now the mother has taken her from me. Is this legal?

Taylor Silver answered on Aug 17, 2017

Answering this question as it applies to you requires a lot more information. For example, among other factors, it would matter whether or not you and your wife were ever married, whether there is a paternity test or affirmation of paternity, and whether there is a formal order of custody of your... Read more »

2 Answers | Asked in Wrongful Death for South Carolina on

Q: How long does a wrongful death lawsuit takes to be settled

Taylor Silver answered on Aug 17, 2017

Lawsuits involving wrongful death can take anywhere from months to years for settlement. Settlement may never even come and a trial may be necessary. Speak to your attorney regarding a time frame for your specific case.

Disclaimer: This answer is not intended to be legal advice and...
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