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South Carolina Questions & Answers
1 Answer | Asked in Products Liability for South Carolina on
Q: How can I get out of a malicious injury to property find, if I really didn't mean to do it.
Tim Akpinar
Tim Akpinar answered on Jun 12, 2021

A South Carolina attorney could advise best, but your post remains open for four weeks. With some violations, intent is not a required element. If the standard is malice, negligence, or strict liability (depending on how defined in state penal codes), one's intent might not be important. One... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: How to change the name on a real estate deed of owner passed away over 25 years ago?

Hi, my question is in reference to a home that was given to me by my aunt before she died. The original name on the deed is my uncle who has been deceased for about 25 years. His wife gave me the home before she died about 15 years ago. I have lived in the house since then. Their children all live... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

Hire a competent attorney to search the title, determine heirship, draft and record an Affidavit of Heirship, then draft a Deed for the other tenants in common to convey their interests over to you.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I've had to have 2 surgeries on my leg from my injury the owner of the company is who caused it does that help my case

I was rushed to the trama center and put into emergency surgery

Jeffrey David Morris
Jeffrey David Morris answered on Jun 7, 2021

South Carolina workers compensation is a no fault system. Therefore, the fact that your boss caused your injury does not help or hurt your case. Having had two surgeries already, you need to consult with a South Carolina workers compensation injury attorney ASAP. You are going to be out of work for... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can my armed robbery be reduced to strong armed robbery
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jun 6, 2021

Hello,

Yes, the State could reduce armed robbery to strong armed robbery. However, this is usually done as a condition of plea negotiations. We recommend that you speak with this possibility to your attorney.

We hope that this helps you, and wish you the best in your matter.

1 Answer | Asked in Personal Injury for South Carolina on
Q: early into Tuesday morning around 12-1 am I went into a shell circle k store and I slipped on the floor broke my toe

I slipped on a beer in the store on the floor and slipped and actually I think I broke my toe. I got up and told the lady at work about it and went on my way. Now my toe is hurting I believe I broken it. Can I get a lawsuit for this

Tim Akpinar
Tim Akpinar answered on Jun 2, 2021

A South Carolina attorney could advise best, but your question remains open for two weeks. An attorney would be in a better position to answer your question after investigating the circumstances surrounding the accident, medical records for your injuries, and evidence that was available to support... Read more »

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Immigration Law for South Carolina on
Q: I’m an undocumented grandparent seeking custody of my two grandchildren who are now in DSS foster care after abuse by…

…after abuse by their parents. What kin rights do my husband and I have and what is the process for gaining custody?

Agnes Jury
Agnes Jury answered on Jun 2, 2021

This is a family law question, not immigration. Your immigration status may of some importance in the custody matter but that is something the family law attorney needs to address. Best wishes!

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: I am a hourly employee and having to work 55-60 hours a week and haven’t had a day off in 30 days is this legal
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 1, 2021

Yes, you can be required to work as many hours as they ask of you, but they must pay you an overtime premium of time and a half for all hours over 40 per week, unless an exception applies.

1 Answer | Asked in Personal Injury for South Carolina on
Q: How can I get out of a fine if I really didn't mean to do it
Tim Akpinar
Tim Akpinar answered on May 31, 2021

A South Carolina attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, some fines do not require the element of intent. They could be classified as strict liability offenses, which means that the person could be fined regardless of whether they acted... Read more »

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Criminal Law for South Carolina on
Q: A convicted felon have a saw off shotgun and kill a man with the saw off shotgun what are the state charges
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 30, 2021

Hello,

The likely charges are as follows:

Murder;

Possession of a Weapon during the Commission of a Violent Crime.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: The deed has our deceased mother's name at the beginning, and heir's and at the very end it says forever.

With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children

Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: My brother died and left a truck and boat registered in his name only. Do they have sit there until probate over?

My brother died and left a truck and boat registered in his name only. They are not listed in the will, but everything goes to his wife. No one is contesting. No major debts. Can his widow move them and have them repaired now or does she have to leave them sitting in the yard until probate is over?... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 27, 2021

The biggest issue is insurance. What happens if they are involved in an accident in the process of moving them? Your brother's widow should call the insurance company and report her husband's death and ask that the insurance be changed to reflect that they are now owned by your... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: My husband is currently on a medical leave of absence for a mental health problem and the company is saying

That they can only allow him to be off work for a certain amount of time due to this disability despite what the doctor wrote and how long the doctor needs him out of work for, is this considered a violation of the ADA?

Rhiannon Herbert
Rhiannon Herbert answered on May 26, 2021

The ADA entitles disabled employees to request reasonable accommodations for their disabilities, including leaves of absences to treat the symptoms of their disability. However, an accommodation request must be reasonable, and employers need not accept an accommodation request if they can prove it... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for South Carolina on
Q: If two people own a car does it matter who files the sr22 insurance

Me and my wife was in an car accident uninsured she was driving we both on title and registration the DMV won't accept our sr22 cause it's not in my name

Jeffrey David Morris
Jeffrey David Morris answered on May 20, 2021

The answer depends. In South Carolina, an insured is any named insured and in home resident relative unless that relative is a named excluded driver on the policy, but of course other rules apply at that time. You should consult an attorney who handles auto accident litigation.... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have a pending assault and battery 3rd degree. If the victim doesn’t show up to court, do they drop the charge?

Have court tomorrow my ticket is 1000$

Stephen Grooms
Stephen Grooms answered on May 19, 2021

If you do not show up to court then you can be tried in your absence and found guilty. Even if the alleged victim does not appear, If you are not there to make certain objections to hearsay testimony then you could be convicted. Not showing up for court is rarely a good idea.

I would...
Read more »

1 Answer | Asked in DUI / DWI and Domestic Violence for South Carolina on
Q: I got a domestic assault charge a few months back, it got dropped, but I still have another court date. Do I have to go?

I didn't get bonded out of jail, I stayed 3 weeks and the judge let me out after then. The person that I hit didn't show up to testify against me so they had to drop it, I have another court date do I have to show up?. I live in tennessee.

Stephen Grooms
Stephen Grooms answered on May 19, 2021

I would recommend you reach out to the court via the clerk of court's office to verify your charge was dismissed and your presence in court is no longer needed. They should be able to direct you as to how to get verification of the dismissed/nol prossed charge in writing. You will need to look... Read more »

1 Answer | Asked in Estate Planning and Tax Law for South Carolina on
Q: My daughter died at age 35 in Florida, 401K left to dead Grandmother, Grandad still alive. Does it go to him or estate?

They were married at her death and he was her beneficiary of life insurance in SC.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 19, 2021

Any account or life insurance that has a beneficiary goes directly to beneficiary outside of a probate. You didn't mention if she owned Florida real estate or if she had a will. Different rules would apply for intestate or homestead property.

1 Answer | Asked in Probate for South Carolina on
Q: What to do when public record shows an invalid grant of informal probate of a revoked will
Anthony M. Avery
Anthony M. Avery answered on May 14, 2021

You may wish to hire an attorney to look into a will contest.

1 Answer | Asked in Car Accidents for South Carolina on
Q: When I get a estimate on repairs for my car and I request the check be sent to me can they hold out money out

My insurance company in TN want write me the entire estimate amount to get my car fix

Tim Akpinar
Tim Akpinar answered on May 12, 2021

A South Carolina or Tennessee attorney could advise best, but your post remains open for two weeks. It could depend on the terms of the policy, and handling of the deductible if there is one. I'm not clear why they want to write the entire amount. In many instances, their property adjuster... Read more »

2 Answers | Asked in Bankruptcy for South Carolina on
Q: Can a creditor demand return of merchandise which was bought 6 months before filing after the bankruptcy is discharged?

I bought a mattress in October of 2020 from a furniture store, and financed it. I filed Chapter 7 bankruptcy approximately 6 months later, and it was discharged in April 2021. Now the creditor is demanding the merchandise back or they will take court action. I thought I was done after the... Read more »

Timothy Denison
Timothy Denison answered on May 11, 2021

Depends on whether it was secured or not by the creditor.

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1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: How come none of the attorneys answer any questions? This is ridiculous!
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 11, 2021

Well, South Carolina lawyers are unlikely to answer the questions of a Sanford, Florida questioner because we are not bar licensed in Florida.

We wish you well with your Florida legal matter.

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