Lawyers, Answer Questions  & Get Points Log In
South Carolina Questions & Answers
1 Answer | Asked in Immigration Law and Tax Law for South Carolina on
Q: What recourse do I have if my employer tries to force me to participate in the President's Fed tax deferment program ?

I prefer to continue paying my fed income tax as usual but I've heard that I may not be given a choice, that my employer may just stop paying our fed taxes without the employees request or consent.

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

This is a question for a tax attorney.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can a grandchild receive a deed to her mother’s portion of the land without signatures from other children?
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Not sure of the question. But all heirs at law are needed to convey the property, unless there is a probated Will Devise to certain devisees. Each heir/ devisee can individually convey their interest. But it takes all interests to add up to a fee simple absolute title.

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 Appeals / Appellate Law for South Carolina on
Q: In an appeal if the accused misses his deadline he is time barred and he loses what happens if the state misses it?
Charles William Michaels
Charles William Michaels answered on Sep 2, 2020

First, I am not a SC lawyer. However, your question is vague. If an appellant misses the deadline to note an appeal, yes he is time barred. But if your question has to do with appeal briefs, he may be time barred if the appellant does not file a brief on time.

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Would misdemeanor assault and battery 2nd degree be considered a crime of violent under SC Code 16-1-60?
Stephen Grooms
Stephen Grooms answered on Sep 1, 2020

No, it is not a crime of violence per 16-1-60. It is considered a non violent crime, and while it is classified as a misdemeanor it carries up to 3 years in prison. So any conviction, regardless of the imposes sentence could impact your federal rights to own and possess a firearm.

1 Answer | Asked in Family Law, Domestic Violence and Probate for South Carolina on
Q: Can a person under legal adult guardianship grant general power of attorney to someone who is not their guardian?

The person in question is a 25-year-old who is under the legal adult guardianship of abusive, controlling parents. The guardianship was filed in SC, but the person and their parents are living in MD. The parents have taken the person's phone and control of their money, they have no privacy and... Read more »

Mike Branum
Mike Branum answered on Aug 29, 2020

I do not practice in South Carolina, so I would recommend along this question to those who are. With that disclaimer, I believe what you will find is that you will need to petition the Court in SC for a modification of the guardianship. You SHOULD have standing as an interested person to challenge... Read more »

1 Answer | Asked in Banking, Bankruptcy, Business Formation and Identity Theft for South Carolina on
Q: Do I need a bankruptcy lawyer
Timothy Denison
Timothy Denison answered on Aug 27, 2020

If you are contemplating filing bankruptcy, yes!!

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Can an employer fire you for a background that you disclosed to the during recruiting and onboarding?

I was recruited by a company that offered me a great opportunity. At the time, I had a promising career with a major corporation so I was reluctant to take the opportunity because I had a criminal background from ten years prior. I explained to various members of the recruiting company that I had a... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 27, 2020

The specifics of your situation should be discussed with an employment attorney in your area; however, the answer is likely no. In an at-will state such as South Carolina, your employer can deny you employment opportunities or terminate your employment for any reason or no reason, as long as it is... Read more »

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...
Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: I was drunk entering jail didn't know I had a roach in my pocket which is very small amount of weed only trouble had dui

Was charged with bring in contraband I don't want go to prison what do I do

Stephen Grooms
Stephen Grooms answered on Aug 21, 2020

You should contact a local defense attorney, the chances of you going to prison over a roach are minimal, that being said an attorney may be able to help you keep this off your record.

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: How to get a clean title?

7 adult siblings were deeded the home house (1/7th interest each). 2 have died with nothing to probate so probate was not filed for them.

Home house is now in foreclosure. Bank has approved short sale. 1 of the deceased (in 2016) has 2 heirs and the other deceased (in 2020) has 5 heirs.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2020

A competent attorney can draft and record an Affidavit of Heirship which discloses to the world who the Heirs-At-Law are. I am not following your foreclosure process: are the Heirs selling the home with the money going to the Bank with no foreclosure? If true, then the Affidavit will be... Read more »

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 Consumer Law, Contracts, Civil Litigation and Collections for South Carolina on
Q: I am currently being sued by debt collector trying to sue on a private student loan from 2008. Isn't the SOL 3 years?

This loan was taken out in 2008 through BOA and no payment was even made because it was fraudulent. Now in 2020 this collection agency is suing. E despite the SOL being 3 years and from the evidence I have from the CFPB (Consumer Financial Protection Bureau) says that the SOL begins upon the first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2020

Don't know about the SOL in South Carolina; but in Florida the SOL for this kind of debt is either 4 or 5 years, depending upon certain circumstances.

Rather than spending time asking lawyers here on Justia you should spend your time gathering all the evidence needed to show (1) the...
Read more »

1 Answer | Asked in Contracts, Foreclosure, Banking and Mergers & Acquisitions for South Carolina on
Q: What does GMAC, WVMF Funding, or RECAP have to do with this case?

Does it have something to do with the mortgage crash in 2008 through 2010?

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

A South Carolina attorney could best advise, but your post remains open for five weeks. It's possible something inadvertently got left off in uploading your post - a case is not mentioned. Not every question is picked up, but you could try reposting, including the name of the case. Good luck... Read more »

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 »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Hello. I am trying to figure out if the phrase "Be Kind" is trademarked or not. It says "Abandoned", but just in case.
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 11, 2020

This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.

Numerous factors are considered in determining whether a mark...
Read more »

View More Answers

1 Answer | Asked in Family Law for South Carolina on
Q: Hi, I have a question about retaining my daughter past visitation due to COVID-19

I live in New York, where cases are trending downward. My ex, whom I am not divorced from lives in South Carolina, a state that does not have their COVID-19 cases under control. There is no official custody agreement, but she has been living in South Carolina for a year. My ex and I have already... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 10, 2020

This is really a SC question as your daughter has lived there for more than 6 months. In general, since there is no order of custody, you both have equal rights to your daughter. If you keep your daughter here, the issue will be decided in a SC court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.