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answered on Dec 18, 2023
You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More 
For less than 10 days she abandoned the property over a year ago. The shed is still on my property now she is trying to get it back. Do I have the right to keep it because it was on my property for over a year abandoned?
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answered on Dec 14, 2023
In your situation, where someone left a shed on your property and now wants it back after a year, there are several legal considerations. Firstly, the fact that the shed was abandoned on your property does not automatically grant you ownership rights to it. Ownership of personal property like a... View More
We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank).
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answered on Dec 14, 2023
No, simply having his name on the birth certificate does not automatically grant him parental rights. South Carolina law requires legal recognition of paternity to establish parental rights and responsibilities.
Two paths exist for legal recognition:
Acknowledgment of paternity:... View More
Do I need a lawyer or should I go to the magistrate for civil action thank you
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answered on Dec 14, 2023
Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years)... View More
Currently married in SC. Marriage has been rocky for years. I was offered a promotion which is a better opportunity for me and my 3 minor children but it is in NC. Can I leave my husband and move to NC with my 3 children?
answered on Dec 11, 2023
You can, but any case filed for divorce/child custody will have to be in filed in the county in South Carolina in which you and your husband last lived together.
A 25yo white male pulled over for wreckless driving, refuses a breath test and is arrested for DUI... Said offender spits on the officer during the arrest and is charged with 24-13-470 -throwing bodily fluids, 56-05-2930 - dui 1st refuse test, 44-53-0370 - possession of marijuana, and... View More
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answered on Dec 12, 2023
Throwing bodily fluids is a felony with a maximum penalty of five years imprisonment and a $5,000 fine. DUI 1st offense refusal is a misdemeanor with potential penalties including a fine up to $400, imprisonment up to 30 days, and a one-year driver's license suspension.
Possession of... View More
still living, with no will, how can they get the estate assigned to their names
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answered on Dec 5, 2023
Hire a competent SC attorney to search the title and determine heirship. An Affidavit of Heirship needs to be drafted and executed by an affiant with knowledge of the Family. Record the AH as the source of title for the present owners. Someone has to pay the taxes even though the other... View More
uncontested divorce route, If I were to accept(for the sake of an inexpensive less wrangling divorce process- ) that and keep 50,000 in consumer debt (that two lawyers told me in SC equity state no way a judge would rule all for me but is a marital debt) for the sake of an inexpensive less... View More
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answered on Nov 28, 2023
Based on the complex situation you have described, I would offer the following general guidance:
- Bankruptcy before divorce is often recommended to get a "fresh start", but based on what the bankruptcy lawyer indicated, it may be more complex in your case.
- If you accept... View More
My stolen camper was left at a house and the homeowner was told I said to bring it there. I did not. They want it gone but I don't have a way to go get it. I can't even get a ride to the home to talk to homeowners to ask for a few days to arrange way to have it moved police are telling me... View More
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answered on Nov 30, 2023
In South Carolina, if your stolen camper has been recovered and left on someone else's property without your consent, the situation is understandably frustrating and complex. First, it's important to recognize that the homeowner has the right to request the removal of the camper from... View More
The body shop said the fender is border line for being repaired or replaced. The insurance company wants to go the lest costly route.
How can I get them to do what I want ?
answered on Nov 30, 2023
A South Carolina attorney could advise best, but your question remains open for a week. One option is to continue negotiation efforts - another is to consult with attorneys as to the cost of legal action. Good luck
At my There was a bad black mold problem.
I believe it put me in the emergency room.
So I filed a complaint with hr. After 8 months of telling my manager& nothing was done, I called h r. And they told me to file an osha report because people have been known to die from black... View More
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answered on Nov 22, 2023
It sounds like you may have been the victim of retaliation. Retaliation is when an employer takes adverse action against an employee for engaging in protected activity. In this case, the protected activity would include filing a complaint about a health and safety hazard.
In South Carolina,... View More
The first year of being late HOA locked me out of my account and has not let me make any payments for previous or current years. They have charged me a daily fee of late fee, administration fees and my $600 bill is now $2600.00 2 years later. I can’t even pay my upcoming year because I am locked... View More
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answered on Nov 21, 2023
You might file a declaratory judgment action and also ask for a temporary injunction. You will need a SC attorney who can file suit fast.
Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More
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answered on Nov 18, 2023
In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More
When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report
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answered on Nov 18, 2023
If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More
City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More
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answered on Nov 17, 2023
In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More
I knew I was facing prison time so I left my Aunt in charge of everything. While I was incarcerated she paid $5k for a lawyer for me and then got mad because I didnt pay her back. I went to prison and could not pay her while in prison. She then sold all my belongings without my permission or... View More
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answered on Nov 17, 2023
In your situation, it appears that your aunt may have sold your property without legal authority or your consent. This could potentially be a case of conversion, which is the unauthorized taking or selling of someone else’s property.
Firstly, gather all relevant documentation, such as... View More
My mom fell in July and had surgery on her hip and wrist. She is 90. I have the POA, but I do not know what to do now. She lived in Gaffney, SC before her accident, but now has an assisted living apartment in Greenwood, SC so she can be closer to me and my family. She will have palliative... View More
answered on Nov 14, 2023
You will need to file the financial power of attorney in the register of deed office for the county where she resides.
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answered on Nov 19, 2023
In cases where your property has been sold at an auction due to delinquent taxes, the immediate need to move out isn't always a given. The specific rules and timelines can vary based on local laws and the terms of the tax sale. Generally, there is a redemption period after the sale during... View More
He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.
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answered on Nov 13, 2023
In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More
My mom admits she talked my sister into lying as well. I wish to sue. My sister is a asst. solicitor and she presented to the court she was a witness, but she was not there. And my mom will admit to it now. I wish to sue them both. They took my son away with this lie and now he lives in ohio and I... View More
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answered on Nov 12, 2023
In South Carolina, if your mother and sister provided false statements in court that led to you losing custody of your son, you may have grounds for legal action. First, consult with a family law attorney to address the custody issue and potentially seek to modify the custody arrangement based on... View More
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