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South Carolina Questions & Answers
1 Answer | Asked in Employment Law for South Carolina on
Q: Can work place not pay you once you have worked there a couple days?

I was working for a company and I work a couple of days and do to my medical problem I was not able to continue the job so when it was time for me to get paid for the days I did work the have not paid me and I sent a 24 hour notice to my Boss and his Boss letting them know if I don't receive my... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jan 16, 2020

You have the option of filing a complaint with the SC Dept. of Labor, Licensing and Regulation (LLR). They can investigate your claim and potentially fine the employer. But they cannot recover your money. If the amount you're owed is less than $7,500, then you can file a small claims court lawsuit... Read more »

2 Answers | Asked in Employment Law for South Carolina on
Q: What can I do about not getting my pay check for work that I have completed?

I have worked but don't get paid

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

You should immediately consult an employment law attorney in South Carolina to discuss your situation. You may have a claim for unpaid wages under the federal law (Fair Labor Standards Act) and state law.

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1 Answer | Asked in Mergers & Acquisitions and Traffic Tickets for South Carolina on
Q: If the officer doesn't work for that jurisdiction anymore that wrote the ticket what happens
Ryan D Templeton
Ryan D Templeton answered on Jan 13, 2020

The officer can return to prosecute the tickets but many times the tickets get dismissed.

1 Answer | Asked in Estate Planning for South Carolina on
Q: there is a will but family members refuse to show the originl will or let it be seen l by family and is not execut
Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

A will that is not executed (signed) is not valid. When that happens the decedent is said to have died “intestate” which means without a will.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a person is in jail on bench warrant for forgery will they get prison time? And if so how much time will they get ?

The original charge was forgery no dollar amount

Ryan D Templeton
Ryan D Templeton answered on Jan 10, 2020

The fact that the person has a bench warrant has little to do with the ultimate outcome of the case. Without knowing the dollar amount of the forgery I can’t let you know what the possible sentence could be.

1 Answer | Asked in Estate Planning for South Carolina on
Q: Once the settlor of a revocable trust has passed away, should the beneficiary (trustee) rework the trust ?

Can a lien be put on an irrevocable trust?

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

A revocable living trust becomes irrevocable when the settlor dies, so it cannot be amended absent a court order or a trust protector named in the trust.

When the settlor dies, the successor trustee should hire an attorney to assist the successor trustee with a process known as "trust...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: Can an irrevocable trust be abolished to make the trustee of that trust a settlor since the settlor is deceased?

Also can a lien be placed on a piece of property which is owned by an irrevocable trust?

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

A lien can be placed on a piece of property owned by an irrevocable trust IF AND ONLY IF the trustee of that trust voluntarily grants the lien (such as a mortgage) or a judgement is obtained against the trust and it is recorded in the local land records. There are a few other instances where a... Read more »

1 Answer | Asked in Patents (Intellectual Property) for South Carolina on
Q: How do I go by finding out who patent my daddy oil.

He had a stroke and we trying to find the lawyer who patent it for him.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 7, 2020

I am sorry that your father had a stroke. I hope he recovers fully and quickly.

You can start with https://patents.google.com/ and type in the legal name your father would have used in signing legal papers (does he use a middle initial or a middle name). Google will offer you the option...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: What administrative procedures, if any, are required for closing a Third Party Special Needs Trust.

The primary beneficiary for which the trust was established is deceased. All debts and liens against the trust are satisfied. The trust directs distribution of assets to four remaining beneficiaries and all assets have been distributed according to the trust's instructions to them.

Nina Whitehurst
Nina Whitehurst answered on Jan 6, 2020

Normally you would get a receipt for final distribution and acceptance of final account from each of the ultimate beneficiaries and arrange for the filing of the trust's final tax return and close any trust bank accounts that had been opened.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: If I am unable to pay my eviction appeal bond by the time I was given by the judge can the landlord evict me immediately

For example I was given until 4:30 pm Dec 24, 2019 to pay the bond so if I don't pay it can the landlord call the sheriff and have me removed at 5pm on the above mentioned date or does he have to go back to the magistrate and get a order to remove me immediately

Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

If you are unable to pay the bond your appeal will be dismissed by the clerk of court and at that point the magistrate will sign another writ of ejectment putting you out.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: If I am unable to pay my eviction appeal bond by the time I was given by the judge can the landlord evict me immediately
Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

If you are unable to pay the bond your appeal will be dismissed by the clerk of court and at that point the magistrate will sign another writ of ejectment putting you out.

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Q: charged w/takin parents vehicle without permission. Cops on Cell recording not reading my rights. Can throw out court

I took my moms vehicle which I was given a key too with permission to use everyday to take brothers to school and personal use if I ask, I was told not to go out and took the car out anyway one night, they told me to be home by 10 or they’d call police. I arrive at 10:30, see the cops as I pull... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

We would need some more information before we can answer that question. The issue would be if you were in custody at the time that you made the admission. You will need to reach out to a criminal defense attorney in your area or the public defenders office if you can not afford a private attorney... Read more »

2 Answers | Asked in Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I purchased a home on foreclosure and months have passed but the bank still hasn't issued a title or deed to the house

how long the bank have to issue title without me getting some interest on the money I spent to purchase the house

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2019

Unless South Carolina is different from other states the deed was created on the day you closed on the purchase. There is no specific time-period for the lender to send you the deed. Call the local county clerk's office and ask if they can help you find a copy of the new deed in their official... Read more »

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1 Answer | Asked in Family Law for South Carolina on
Q: In SC, can I marry another person if I’ve been separated 7 years? SC Code 16-15-10 (1)
Ryan D Templeton
Ryan D Templeton answered on Dec 18, 2019

No. You cannot unless you do not know if your spouse is living. That is only a defense to the crime of bigamy. You need to file for divorce to be able to get remarried if you know your spouse to be living.

3 Answers | Asked in Personal Injury and Car Accidents for South Carolina on
Q: My lawyer is rude and completely checked out of my personal injury claim..... What can I do?

I was hit by two trucks on my motorcycle waiting at a stoplight in January. I sustained spine injuries and my motorcycle was totaled. I retained an attorney three days after the accident and have yet to have settled the claim. In addition to the lack of sense of urgency my attorney is very... Read more »

Titus Thomas Nichols
Titus Thomas Nichols answered on Dec 18, 2019

This is a very sensitive subject. It is unfortunate that you feel this way, especially concerning such a severe case. It is best for you to speak with another attorney who is licensed to handle similar cases in South Carolina.

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1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: My mom and I are buying a house together financed in her name but I need to take off interest on my taxes since I'll pay

the majority of the mortgage each month. She doesn't have to file taxes (retired). How does this work? Can my name be added to the financing documents to show co ownership even though it's her credit that is being approved for the loan?

Ryan D Templeton
Ryan D Templeton answered on Dec 18, 2019

You will need to speak to the attorney that is doing the closing to see how the deed is being drafted. That attorney will be in the best position to advise you and your mother on that situation.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father past away my sister lied to me and said everything went to the X wife . But it didn't I didn't find out months

She got his truck and gave his trailer to our aunt ..

Ryan D Templeton
Ryan D Templeton answered on Dec 14, 2019

You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.

1 Answer | Asked in Estate Planning for South Carolina on
Q: My dad passed away it was on will that everything be left to me he had a friend said dad gave him car 2 months ago

he already transfer title my dad said he was leaving to my son

Nina Whitehurst
Nina Whitehurst answered on Dec 12, 2019

If your dad transferred the car during his lifetime, then it is no longer part of his probate estate and, therefore, it is not governed by his will. This is especially true if your dad gave the car away or sold it for cash during his lifetime.

In rare cases, such as a sale of a car on...
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1 Answer | Asked in Uncategorized for South Carolina on
Q: Are there any lawyers that are notaries that are willing to go to a state prison in South Carolina to notarize some lega

Are there any lawyers that are notaries that are willing to go to a state prison in South Carolina to notarize some legal paperwork

Ryan D Templeton
Ryan D Templeton answered on Dec 11, 2019

A lot of attorneys around the state are notaries. That being said most prisons have at least one notary on staff.

2 Answers | Asked in Criminal Law for South Carolina on
Q: Do I need a lawyer for a shoplifting case?

Its my first first offence and I have not been in trouble before I am worried of it staying on my record and possibly going to jail and losing my kids

Ryan D Templeton
Ryan D Templeton answered on Dec 11, 2019

It would be a good idea to reach out to a criminal defense attorney in your area. If you can not afford an attorney you should apply for a public defender.

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