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Questions Answered by Ryan D Templeton
1 Answer | Asked in Family Law for South Carolina on
Q: Do I have rights to our home

My husband bought a house only put his name on the deed and title with an insurance check with both of our names on the check. Trying to be the sole owner by not adding my name to the title, when we have a disagreement he tell me I have to leave

Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

If you are married any property purchased during the marriage is going to be marital property regardless of how the property is titles absent specific circumstances. If may be worth stilling down with a family law attorney in your area to go over your specific situation.

1 Answer | Asked in Estate Planning and Family Law for South Carolina on
Q: As a beneficiary in SC am I entitled to see the will if I am not an executor?

my older 3 siblings are executors I am youngest

Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

In South Carolina the original will should be filed with the probate court with in 30 days of the decedent's death. If the will has been filed, as a beneficiary of the will you should be able to review the will at the local probate court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: Can an apartment refuse to accept my 60 days notice? They're telling me I have to pay 2 months rent up front first.
Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

It really depends on what the lease says. I would recommend that you read your lease in its entirety and if are unsure contact an attorney near you to discuss your options.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the statue on this charge in SC?

Tampering with Food

Ryan D Templeton
Ryan D Templeton answered on Aug 25, 2020

SC Code § 16-3-75 (2012)

It is unlawful for a person to maliciously tamper with a human drug product or food item with the intent to do bodily harm to a person.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: If charged with simple assault in South Carolina does that bar you from purchasing a firearm and does it expire?

Charge/code 0612 simple/ simple assault, charged in 4/2010, did not get response from application to purchase firearm, did not follow upon on why.

Ryan D Templeton
Ryan D Templeton answered on Aug 16, 2020

Simple Assault is a misdemeanor in S.C. that carries up to 30 days in jail so that would not prohibit you federally or under S.C. law from purchasing a firearm.

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: What is the general procedure for submitting claims for excess/surplus plus funds,overages etc.. in S.Carolina..

Can I do an assignment or Power of Attorney and file for the excess funds w/out an Attonery?..

Ryan D Templeton
Ryan D Templeton answered on Aug 12, 2020

If you are the person entitled to the surplus funds you must contact the Court or have an attorney do so on your behalf. A person that has your power of attorney is not going to be able to do this on your behalf.

1 Answer | Asked in Traffic Tickets and Cannabis & Marijuana Law for South Carolina on
Q: What does it mean when ticket amount says MAX?

Officer told me if i came to court he would drop the charges but I don't want to show up to court empty handed. Charge is simple possession of marijuana

Ryan D Templeton
Ryan D Templeton answered on Aug 12, 2020

For simple possession of marijuana the minimum fine after all required assessments is $407.50 and the maximum fine is $615.00. Don't forget that simple possession of marijuana 1st offense also carries jail time of up to 30 days along with the fine. I would highly recommend speaking to an... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Am I able to sell my house (prior to divorce being finalized) if it was given to me in the separation agreement?

SC Residency

Ryan D Templeton
Ryan D Templeton answered on Jul 16, 2020

If a final order of separate support and maintenance has been approved by the Family Court giving you ownership of a marital home then you are fine selling the home. I would recommend consulting with your family court attorney or a real estate attorney in your area in you have any further questions.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: My son is 20 years old and has been raised by myself and his stepfather and wants him listed as his father

He wants it legally documented that his stepfather is his father- is this possible? And if so how does he start the process for this?

Ryan D Templeton
Ryan D Templeton answered on Jun 26, 2020

I would recommend reaching out to an attorney where your son lives. They will be in the best position to advise you on the process for adoption.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Does south Carolina have the prison release reoffender act like Florida
Ryan D Templeton
Ryan D Templeton answered on Jun 17, 2020

I am not sure what Florida has but if you are talking about enhanced penalties for persons recently released from prison SC has:

SECTION 16-1-120. Increased sentences for repeat offenders.

(1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt...
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1 Answer | Asked in Criminal Law and Identity Theft for South Carolina on
Q: Personal care worker stole my dad's bank info and opened a Paypal acct in her name. Is this identity theft?

PayPal verified my dad's acct by debiting .25 and then crediting the acct with .20 and then .05. I was quick to catch this bcuz as his POA I monitor the acct and he's been asking me to see if his stimulus check has been deposited. Although the money was taken out and put back in would... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jun 17, 2020

Assuming that this occurred in South Carolina i would recommend that you reach out to your local law enforcement agency and file a report. This could certainty be considered breach of trust or even possibly exploitation of a vulnerable adult. A law enforcement agency would need to investigate to... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Why doesn’t my SC Public Records report match my SC SLED report?

My SC public records states I have 2 shoplifting charges and some seatbelt violations, however, my SC SLED report says I have a driving under suspension, 2 shoplifting charges, trespassing charge, false information to police...why does it not match?

Ryan D Templeton
Ryan D Templeton answered on Jun 14, 2020

When you say ‘SC Public Records’ if you are talking about a public index search you have to search each county where your may have been arrested as well as any municipalities that do not report to the county system. If you look at the SLED background check each charge should be linked to an... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I drove around a work truck that had a lane blocked. I was contacted by SHP and was ordered to accept a ticket.

A state trooper contacted me and wants me to accept a reckless driving ticket, even though the info came from the work crew. The trooper was not there. He is threatening to seek an arrest warrant if I dont accept the ticket. Is this legal?

Ryan D Templeton
Ryan D Templeton answered on Jun 12, 2020

I would recommend that you reach out to an attorney in that area so that the attorney can reach out to the trooper.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I paid for a state and federal attorney and get sentence for Federal prison, what happens to my money with state?

All my charges was drop with the state. Need to know do I get my money back from the lawyer I hired to handle my case if I got sentenced with the state.

Ryan D Templeton
Ryan D Templeton answered on May 30, 2020

The state and federal charges can stand alone so more likely than not the attorney that represents you on the state charges has still earned his fees in your case unless something was put into your retainer agreement.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have been charged with unlawful use of the 911 number it is my first offense I was also heavily intoxicated

I don’t remember calling the emergency 911 number

Ryan D Templeton
Ryan D Templeton answered on May 30, 2020

I would recommend that you speak to a criminal defense attorney about your options. There are diversionary programs that may be a fit for you and without hearing the actual 911 call no one can get you a good idea of what to expect out of this case.

1 Answer | Asked in Divorce for South Carolina on
Q: Married in Florida but now living in South Carolina, which state would my spouse and I file for divorce?
Ryan D Templeton
Ryan D Templeton answered on May 20, 2020

State law provides time requirements on residency before you can file an action for divorce in a SC courts. See SECTION 20-3-30. Residence requirement.

In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year...
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1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I use my friends name for a ticket, I paid the ticket but she wants to snitch on me, will I get in trouble
Ryan D Templeton
Ryan D Templeton answered on May 20, 2020

You could be charged with the original charge under your name as well as an additional charge for providing false information to law enforcement.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If u get arrested in SC by an scdc officer he says u r on scdc property an u r not and tries to charge u with contraband

I was driving by scdc property an had tobacco an liquor in my car in a book bag and not on scdc property got pulled down passed the prison the scdc officer locked me up an charged me with contraband to an inmate how is tht legal

Ryan D Templeton
Ryan D Templeton answered on Apr 22, 2020

The SC contraband statute reads as follows:

SC Code § 24-3-950 (2013)

It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections with any matter declared by the director to be contraband. It shall also...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: If an inmate's case gets overturned while he's in prison shouldn't he get out of prison immediately?

His projected release date is still 13 years away on the scdc website.

Ryan D Templeton
Ryan D Templeton answered on Apr 22, 2020

It really depend on the basis for the case being overturned. In many cases the state will try the case again so bond has to be set to make sure that person shows up for the next trial.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: How do I get an unaltered copy of an adoption decree? Before the judge made corrections. Would a copy be on record.
Ryan D Templeton
Ryan D Templeton answered on Apr 16, 2020

The final decree as signed by the judge would be on file with the clerk of court. Any other version you would need to talk to the person that drafted the document who would more likely than not would be an attorney.

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