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South Carolina Questions & Answers
Q: Am I obliged to pay for a concert ticket I agreed to buy but never accessed?
I agreed to pay for a concert ticket through a text message, but later I had to back out because I wasn't able to pay. I informed the seller that I was backing out, and they responded with "ok." There was no mention of any consequences if I backed out, and I never had access to the... View More 
Christopher Adkins
answered on Nov 10, 2025
answered on Nov 10, 2025
In South Carolina, you’re also not legally obligated to pay for the concert ticket under these circumstances. A valid contract requires a mutual agreement and exchange of value. Since you told the seller you couldn’t pay and they replied “ok,” that likely ended any agreement. You never... View More
Q: Can council postpone decisions until vacancy is filled to avoid tie votes?
In our South Carolina town governed by a council of 7 members, including the mayor, a council member was elected as the new mayor, leaving a vacant seat. With only 6 members now, we're concerned about potential 3-3 tie votes in electing the mayor pro tempore and other positions. Our town code... View More
Christopher Adkins
answered on Nov 10, 2025
answered on Nov 10, 2025
In South Carolina, your town council must follow its local code and state law for timing and procedure, but generally, the council cannot delay required actions—like electing a mayor pro tempore—if the ordinance specifies they must occur at the first meeting after a general election. Even with... View More
Q: Stepbrother claims his deceased mother changed will prior to her death to exclude myself and my sister from her will.
I recently discovered a signed copy of her will from 2006 where I'm named the executor, and the estate is to be divided between my sister, stepbrother, and myself. My stepbrother is living in my deceased in 2021 stepmothers home, which still in her name, and he has not produced any new will... View More
Christopher Adkins
answered on Nov 10, 2025
answered on Nov 10, 2025
In South Carolina, if you have a signed copy of a valid will and your stepbrother hasn’t filed anything in probate, you can take action yourself. File the 2006 will with the Probate Court in the county where your stepmother lived at the time of her death and petition to open the estate.... View More
Q: I have a signed will from stepmother, my stepbrother says he has a new one but has not produced it or probated her will.
I recently discovered a signed copy of her will from 2006 where I'm named the executor, and the estate is to be divided between my sister, stepbrother, and myself. My stepbrother is living in my deceased in 2021 stepmothers home, which still in her name, and he has not produced any new will... View More
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Anthony M. Avery
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answered on Nov 9, 2025
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answered on Nov 9, 2025
Hire a SC attorney to probate your Will. It is the only way you will get anything from the Deceased as you are not an heir. It will be up to the stepbrother to contest your Wil with his.
Q: How to proceed with unprobated estate with conflicting will claims in South Carolina?
My father passed away in 1999, leaving everything to my stepmother, who then passed in 2021. My stepbrother claims she left everything to him, but he has not produced or probated her estate. I discovered a signed copy of her will from 2006 where I'm named the executor, and the estate is to be... View More
Christopher Adkins
answered on Nov 10, 2025
answered on Nov 10, 2025
In South Carolina, if your stepmother’s estate has not been probated, you can take the initiative to start the process. File the 2006 signed will with the Probate Court in the county where she lived when she passed and petition to open her estate. Once you file, the court will notify all... View More
Q: Is a South Carolina HVAC company requiring a maintenance plan to honor a warranty legal?
I purchased an HVAC system and was not informed about any specific terms related to the warranty at the time of purchase. The original company is now out of business, and a new company has taken over. They stated that they would only honor the manufacturer's warranty if I purchase their... View More
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James L. Arrasmith
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answered on Nov 8, 2025
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answered on Nov 8, 2025
You do not have to buy a company’s maintenance plan just to receive a manufacturer’s warranty. Federal law under the Magnuson–Moss Warranty Act forbids “tie-in” conditions that require you to purchase a particular service or plan to keep a warranty valid unless the service is provided... View More
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Landlord - Tenant, White Collar Crime, Civil Rights, Real Estate Law and Criminal Law
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Q: How can I protect myself from eviction and threats using my medical history?
I am facing extortion involving my medical history, where an aggressive individual is trying to evict me without a formal business agreement. This person has issued a handwritten eviction notice, giving me 30 days, and threatened to proceed with legal eviction at a magistrate. Additionally, they... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
If someone is threatening you and trying to evict you without a legal agreement or proper court process, your first step is to **document everything**. Keep copies of the handwritten notice, texts, emails, and any messages containing threats or harassment. Take photos of the notice and note the... View More
Q: What happens to child support payments after daughter turns 18 and graduates, amid alleged arrears?
I am currently on child support, and my daughter turned 18 on January 1, 2025, and graduated on May 7, 2025. She is now six months pregnant, employed, and about to have a child. I am still paying child support for her, and there is no termination date in the court order, just that payments cease... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
Under South Carolina law and a standard order like yours, the duty ended on May 7, 2025—the later of age 18 and high‑school graduation. Pregnancy or employment of your daughter does not extend support, but any arrears remain collectible.
Amounts withheld from June through November... View More
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Business Law, Gov & Administrative Law and Real Estate Law
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South Carolina
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Q: How can I address utility disconnection due to UCC-1 filing dispute in South Carolina?
I am a business owner involved in an ongoing UCC-1 filing dispute with a utility company and an electrical company in Charleston, South Carolina. Despite submitting a W-9, and citing State and Federal codes (Title 15 UCC and US Codes), both Charleston Water System and Dominion Energy are not... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
A UCC‑1 financing statement and a W‑9 do not relieve you of paying for water or electricity; the Uniform Commercial Code (South Carolina Code Title 36) neither cancels your service contract nor bars a utility from disconnecting for nonpayment. In South Carolina, investor‑owned electric... View More
Q: What are my rights as remainderman after life estate ends and life interest was conveyed?
I recently discovered that I am the remainderman in a life estate established by my now-deceased parents in 1990 for several parcels of land. However, after setting up this life estate, my father executed quitclaim deeds transferring his life interest in these same parcels to two other parties.... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
As the remainderman, your ownership rights in the property begin the moment the life estate ends, which happens upon the death of the life tenant. When your father created a life estate and later transferred his life interest to others, those transferees only received what he had—the right to use... View More
1 Answer
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Divorce, Child Custody, Child Support, Arbitration / Mediation Law and Family Law
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South Carolina
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Q: Is mediator or lawyer better for custody and division after spouse's affair?
I have been married for 9 years, and my wife is currently enrolled in an intensive PhD program while working full-time. During this time, I have mainly been caring for our 7-year-old daughter due to my wife's demanding schedule. She recently informed me that she is leaving me, and I discovered... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
That’s a very difficult situation, and it’s understandable that you want to approach it as calmly and fairly as possible, especially for your daughter’s sake. In your case, the decision between using a mediator or hiring lawyers depends largely on how cooperative your wife is willing to be.... View More
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Land Use & Zoning, Business Formation, Real Estate Law and Business Law
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South Carolina
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Q: How can I meet zoning requirements without a bathroom in a tow yard in Loris, SC?
I am attempting to start a tow yard business in Loris, South Carolina, but the local zoning department is requiring that I have a bathroom on site. The yard holds cars after they are towed, and the only available space is an office shed that can be no less than fifty feet by one hundred feet. The... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
That sounds like a frustrating challenge, especially when you’re just trying to get your business off the ground. In South Carolina, zoning and building codes often require restroom facilities for any business that has employees or receives customers, even if the operation itself is outdoors. The... View More
Q: Can I be arrested for returning after a wrongful eviction in SC?
During my eviction hearing, the judge ruled in my favor and dismissed the case, but the property owners seem to believe the opposite. I've been wrongfully evicted, and I’m concerned that if I'm found back on the property, management might have me arrested. What steps can I take now... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
That must feel both confusing and stressful, especially after the court already ruled in your favor. If the judge dismissed the eviction, that means you still have the legal right to occupy the property. The property owners cannot legally remove you or threaten arrest without a new court order. In... View More
Q: How to handle excess income as POA for disabled father on Medicaid?
I am acting as Power of Attorney for my father, who is disabled and resides in a nursing facility in South Carolina. Medicaid has suggested establishing an Income Trust Account since his income exceeds the Medicaid eligibility limit due to my mother's Social Security. All his retirement... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
You’re doing a lot to take care of your father, and managing Medicaid rules can be overwhelming. When Medicaid requires an Income Trust (sometimes called a Miller Trust), it’s because your father’s income is slightly over the eligibility limit. The trust allows his excess income to be... View More
Q: What notice period is required for property sale by landlord in SC?
I am a tenant in Charleston, South Carolina, and my lease expires at the end of December. I just received written notice today from my landlord that they intend to sell the property. What is the required notice period that a landlord must give in South Carolina before selling a property, and what... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
You do not get a special advance‑notice period just because the owner intends to sell. A sale does not terminate your fixed‑term lease; the buyer takes title subject to your lease and becomes your landlord through your December end date.
If you were month‑to‑month instead of on a... View More
1 Answer
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White Collar Crime, Civil Litigation, Contracts and Criminal Law
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South Carolina
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Q: How do I address a forged signature in a lawsuit against my roommate?
A loan company is suing my roommate for non-payment on a shed. Last week, he was served with the notice of the suit. Upon reviewing the paperwork, I discovered that my signature had been forged on the documents. I was never involved in the purchase of the shed and am confused as to why my name... View More
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James L. Arrasmith
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answered on Nov 2, 2025
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answered on Nov 2, 2025
South Carolina law treats a forged signature as void, so the contract does not bind you. If you are not listed as a defendant, you cannot file motions in that case, but you can still protect yourself and, if needed, move to intervene solely to address the forged signature.
Send the... View More
Q: What can I do about a vehicle violation notice on my property in SC?
I recently returned home to find an Official Violation Notice from Dorchester County, South Carolina, placed on my door. The notice complained about an abandoned vehicle on my property and stated that all vehicles must be current and appear operable or be removed. The vehicle in question is... View More
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
The first step is to carefully read the violation notice and note any deadlines for response or correction. Dorchester County’s property and nuisance codes typically require that vehicles kept on private property be both operable and properly registered, even if they are not being driven. Since... View More
1 Answer
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Constitutional Law, Gov & Administrative Law and Election Law
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South Carolina
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Q: Could overturning Obergefell v. Hodges affect name changes on documents?
If Obergefell v. Hodges is overturned by the Supreme Court, and my same-sex spouse and I were married in South Carolina five years ago, could there be issues with identifying documents such as passports, driver's licenses, and voter registrations due to one of us having changed our last name... View More
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
If *Obergefell v. Hodges* were ever overturned, it could create uncertainty about how states handle same-sex marriages, but it would not automatically invalidate existing marriages or name changes that were made legally. Your marriage in South Carolina and any name changes connected to it were... View More
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Civil Rights, Landlord - Tenant, Employment Law, Health Care Law and Real Estate Law
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South Carolina
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Q: How to find an attorney to file a federal lawsuit in SC for housing discrimination and retaliation?
I have been facing harassment and a hostile housing environment as per 42 U.S.C. § 3604(b) and 24 CFR Part 100, along with disability discrimination and a failure to provide reasonable accommodations according to 42 U.S.C. § 3604(f) and Section 504 (29 U.S.C. § 794). I have also experienced... View More
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
Finding an attorney to take on a federal housing discrimination and retaliation case in South Carolina can feel daunting, but there are several direct steps you can take to locate the right representation. Start by contacting the **South Carolina Bar Association’s Lawyer Referral Service**, which... View More
Q: Can a landlord deduct $850 for painting as normal wear and tear?
I recently moved out of a rental property in South Carolina, where I lived for nearly three years. My lease states that I am not allowed to paint the property, and I adhered to this rule. Upon moving out, I received only $850 of my $1,700 security deposit back. The landlord cited deductions for... View More
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James L. Arrasmith
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answered on Oct 30, 2025
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answered on Oct 30, 2025
It’s understandable to feel frustrated when a large portion of your security deposit is withheld, especially after taking good care of your rental. In South Carolina, landlords can only deduct from your deposit for **damage beyond normal wear and tear**. After nearly three years of living in a... View More
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