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South Carolina Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My brother passed away 11/5/2022. He did not have a Will.

He was not married and had no children. It is just me and my and my younger brother who lives in another state.

I am the Personal Representative. The younger brother has said he is fine with me getting everything. He will sign off to that as well. The house is paid for. I am taking care of... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

It depends on whether the probate court appointed you as an independent personal representative or a dependent personal representative. Your probate lawyer should explain these differences to you. Even if court approval is required, under the circumstances you describe it should be perfunctory.

2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the sentence on selling to a informant on a trafficking meth charge in South Carolina
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answered on Aug 28, 2023

The penalties for selling drugs, including methamphetamine, can vary based on a number of factors including the specific details of the case, the jurisdiction, the defendant's criminal history, and the quantity of drugs involved. Generally, drug trafficking charges can result in significant... View More

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1 Answer | Asked in Personal Injury and Collections for South Carolina on
Q: Hi my name is____and in and 2004 I broke my femur and was issued settlement for 127k signed by a judge I'd like help
Tim Akpinar
Tim Akpinar
answered on Aug 31, 2023

A South Carolina attorney could advise best, but your question remains open for a week. I'm sorry about your injury. It isn't clear what kind of help you need - You disagree with figure? You have questions about how to collect figure? etc. If you have an attorney on the case, they would... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: My son is in SC jail he had a plea hearing and was released for time served. How long does it take for him to be release
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answered on Aug 24, 2023

Once your son's plea hearing has been completed and he has been released for time served, the exact timing of his release will depend on various factors, including the processing procedures of the specific jail, any necessary paperwork, and administrative tasks that need to be completed.... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: How do i word a subpoena request to DEW that i am seeking all of my outgoing and incoming emails for last mo. employmt?

Need copies of my work emails for last month i was working with former employer. This is in order to prove my validity in upcoming unemployment benefits claim Appeal Hearing. The blank subpoena form I have been provided asks for Name/Documents, Address, and Telephone number.

*Microsoft... View More

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The best way to word such a request is to include the date of the email, the email address it was sent from, and the email address it was sent to.

For example:

1/15/2023 Email from myname@company.com to mgrname@company.com

1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: Can I sue for emotional distress caused by an animal rescue adopting a dog out from under me?

We were strung along for days after being approved for adoption. 45min before we were supposed to get the dog I was as informed via text that he went to a foster and they’d have to see when they’d be available. Fast forward to the next day, I’ve still heard no word. So I reach out only to be... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Like in most jurisdictions, South Carolina law considers dogs to be items of personal property like a TV set or a lamp. The value of a dog for purposes of legal damages is the fair market value of the dog at the time of the loss. As in most jurisdictions, SC law does not allow any recovery for... View More

1 Answer | Asked in Civil Rights and Consumer Law for South Carolina on
Q: Can I put a funeral home name on a obituary without their permission
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answered on Aug 16, 2023

In general, it is common practice to include the name of the funeral home that is handling the arrangements in an obituary. Funeral homes often work closely with families to provide funeral and memorial services, so including their name can help people who are reading the obituary know where the... View More

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Small Claims for South Carolina on
Q: My father in law passed away in February 2022. An unauthorized transfer of funds was made 6 months after his death.

He was a resident of South Carolina but his bank accounts were at a large National Bank office in California. My wife in South Carolina was the sole heir with ownership of the accounts and in July 2022 she received a call from an individual in New York purporting to be with the National Bank... View More

David H. Relkin
David H. Relkin
answered on Aug 16, 2023

You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More

1 Answer | Asked in Trademark, Business Law and Intellectual Property for South Carolina on
Q: I own salt life cleaning llc and received notice from salt life llc (clothing) that I was trademark infringement

My logo and my services are nothing as the above company. I don’t want to fight I’m willing add a y and be salty

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 15, 2023

As you point out, with different logos and markets, there is no likelihood of confusion. If the notice includes a demand that you cease using the name, you should challenge that. There is no basis for complaint without evidence of confusion or economic damage.

1 Answer | Asked in Immigration Law for South Carolina on
Q: My kids entered US via K2 last 2018. I have not applied AOS yet but wanting to do now. Will this affect their approval?
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answered on Aug 14, 2023

If your children entered the US on a K-2 visa in 2018 and you're now considering applying for Adjustment of Status (AOS) for them, it's important to proceed thoughtfully. While applying for AOS shouldn't inherently impact their approval, factors like timeliness, eligibility, changes... View More

1 Answer | Asked in Land Use & Zoning for South Carolina on
Q: Are these watersheds considered public property?
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answered on Aug 14, 2023

Watersheds are generally not considered public property in and of themselves. A watershed refers to an area of land where all the water that falls or drains within it flows to a common point, such as a river, lake, or ocean. While the land within a watershed may be owned by various entities,... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: My landlord evicted Me without my knowledge I was Incarcerated for 3month
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answered on Aug 11, 2023

If you were evicted without your knowledge while you were incarcerated, start by contacting your landlord to clarify the situation and request documentation related to the eviction. Review your lease terms and consider negotiating with your landlord to reinstate the lease if you want to continue... View More

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can a claim be made against an estate after it has been closed. My father had a small estate opened in SC 7 months

After death. It was closed by the probate judge within 2 weeks since the only asset was a mobile home valued at 7500.00. Now a neighbor submitted a claim for $1000.00 saying my dad and his wife owed them money. Is this even valid?

Anthony M. Avery
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answered on Aug 11, 2023

Administrator needs to file an objection to the claim as barred, or possibly even ignore it. Consult with a SC attorney that knows Probate.

1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for South Carolina on
Q: Is it legal to carry a 7 inch fixed blade knife in myrtle beach

Used for self defense only

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answered on Aug 8, 2023

South Carolina law allows for the open carry of most types of knives, including fixed blade knives, as long as they are not intended for an unlawful purpose.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: If you are buying a house and the roof has a leak in just 2 months is it covered by warranty
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answered on Aug 7, 2023

In South Carolina, the specifics of whether a leaky roof in a newly purchased house is covered by warranty can depend on the terms of the warranty agreement and the state's laws. Generally, new home warranties cover certain defects for a specified period of time, but the exact coverage and... View More

2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I'm being sued by Salt Life, LLC. b/c my cleaning business name is Salt Life Cleaning, LLC...Do I need to get a Lawyer?
David Aldrich
David Aldrich
answered on Aug 2, 2023

Though you technically don't have to, you really should consult a qualified trademark attorney with the requisite expertise about your case. You will generally want to do this quickly, because if the Plaintiff has already filed a complaint in court, you will have a limited amount of time to... View More

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2 Answers | Asked in Uncategorized for South Carolina on
Q: FLOOD DAMAGE TO OUR HOME - WHAT KIND OF LAWYER DO I NEED?

SERVE THUNDERSTORM - NEIGHBORHOOD FLOODED - WE HAD ABOUT 24 INCHES OF WATER UNDER AND AROUND OUR HOUSE. RUINED THE DUCTWORK, MOISTURE BARRIER AND AC/HEATING UNIT. THE DRAINAGES DITCHES HAVE BEEN UNKEPT AND WERE BACKED UP. WE HAVE CONTACTED THE DOT SERVERAL TIMES AND NO HELP. WE NEED ADVICE AND... View More

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. You're seeking an attorney - a starting point could be to reach out to experienced civil litigation attorneys who have experience working with property & casualty claims. Good luck

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1 Answer | Asked in Criminal Law for South Carolina on
Q: I have a charge that was disposed of but it's still showing as pending in the legal system. Who do I contact to fix
Stephen Grooms
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Stephen Grooms
answered on Aug 2, 2023

I would recommend starting with the "clerk of court" over the court where you were charged.

2 Answers | Asked in Car Accidents for South Carolina on
Q: My car was total loss, the insurance company is deducting my deductible out of my settlement check, what can I do
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answered on Aug 2, 2023

In South Carolina, it is standard practice for insurance companies to deduct the deductible amount from a settlement check when a car is deemed a total loss. The deductible is the amount you agreed to pay out of pocket in the event of a claim, and it is subtracted from the total settlement amount... View More

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1 Answer | Asked in Criminal Law for South Carolina on
Q: If a storage unit was broken into does the owner have a right to get the Video footage of-the crime

Do I file a police report wwww

Casey Brown
Casey Brown
answered on Aug 9, 2023

If you believe that you were the victim of a crime, then calling the police and filing a report is a good way to start to handle it. Law enforcement has the ability to try to get the evidence to solve the crime. They will keep you informed of the updates in the case as they investigate.

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