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Questions Answered by Taylor Silver
1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for South Carolina on
Q: In an accident, tboned a lady who pulled out. Her company accepted 100%> liable. Broken ribs, neck back tissue damage an

A sprained right arm. 25/50/25 in south Carolina car was totaled out . Any settlement suggestions haven't even had PT yet and they accept liability

Taylor Silver
Taylor Silver answered on Jun 14, 2020

Before you settle your claim, I highly suggest you at least have a brief consultation with a local attorney. Most should be willing to give you advice on an hourly basis if you want to try and handle settlement negotiations on your own (although, I don't recommend that generally).... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My mother passed away 4 years ago, 3 months ago my stepfather has finally opened her estate. What does this mean?

I know my mother left me some property in her will but I haven't heard anything about it since she passed. Do I still get to receive it?

Taylor Silver
Taylor Silver answered on Jun 13, 2020

You should not make assumptions. However, if you assume the will was filed and valid, and that the estate can otherwise afford to pay all valid liens and judgements, that the deceased had valid legal title to the property, and that your step father follows the law and directions in the will... You... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: I'm told im not an interest in my dad's estate did he make that decision or does the person who is appointed??

My stepmother turned in a will from 1990 giving her the power to make all decisions I know my dad would not remove me as a beneficiary

Taylor Silver
Taylor Silver answered on Jun 13, 2020

Executors if estates have a legal obligation to follow the directives of a valid will, if one exists. SC Probate Court files are public, in general, so you should be able to get a copy of the filed will from the court where the estate is opened.

If you want answers and explanations about...
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1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: I have joint custody with my ex husband. Our daughter is fifteen and would like to live with me now.

Do I need to go back to court or is she old enough to decide?

Taylor Silver
Taylor Silver answered on Apr 13, 2020

Your previous Court Order controls. Changing court-ordered custody and visitation first requires a showing of a substantial and material change in circumstances followed by a best interest of the child analysis. It is complicated and you will very likely need an attorney.

I would start by...
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1 Answer | Asked in Family Law and Domestic Violence for South Carolina on
Q: Not married but have children and have lived together for almost 15 years.

My long term boyfriend who is also the father of my kids is extremely verbally abusive and occasionally physically abusive to me over his paranoid insecurities. Several police reports have been filed and he was even arrested but not charged in one case. I just want him to move out of the home that... Read more »

Taylor Silver
Taylor Silver answered on Mar 20, 2020

Your only option at this moment in time (given coronavirus closures) is to file a petition for an order of protection or to move out yourself. If you can't afford a local attorney to help with this, sclegal.org assists people with this issue if you qualify.

Good luck to you.

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
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... 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
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
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
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...
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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
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
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
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
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...
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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
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
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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