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South Carolina Elder Law Questions & Answers
1 Answer | Asked in Divorce, Civil Rights, Elder Law, Gov & Administrative Law and Family Law for South Carolina on
Q: What to do next?

He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More

1 Answer | Asked in Family Law, Elder Law, Probate and Real Estate Law for South Carolina on
Q: Do I have any kind of legal rights to family property that I do not own if I have proof of residence for 20 plus years?

I am the person's granddaughter but what happened was the property was in my grandmother's name she had dementia back in 2018 or 19 and my uncle came and had her sign the property to him I was told all my life that I would inherit my portion of the property up until last year and then my... View More

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

In situations like this, property ownership and rights can be complex and depend on various factors, including the specific laws of your jurisdiction and the documentation involved.

If your grandmother had dementia at the time she signed the property over to your uncle, it could potentially...
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1 Answer | Asked in Elder Law and Probate for South Carolina on
Q: I need a probate attorney. My husband passed away Oct. 19 in a nursing facility. I can't handle his estate.

We were separated and I don't know if he even had a will. I need help. I know he had inherited money and had bought a house. Need video conferencing or phone conferencing. I cannot come to an office due to my health.

Nina Whitehurst
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answered on Nov 8, 2023

Attorneys in this forum are not allowed to "solicit" clients. An attorney cannot respond with an answer like "I can help". YOU need to contact the attorney. Click on "Find a Lawyer" in the upper right hand corner of this page and then search for a probate attorney in your area.

1 Answer | Asked in Family Law, Elder Law, Landlord - Tenant and Probate for South Carolina on
Q: Is there any way I can keep my father's house?

My father passed away recently. He signed a will on his deathbed naming 4 family heirs with the executor as my brother, who has already decided to sell the house despite my protest and sentimental attachment. I offered to buy out his shares and he was not interested. He's also convinced my... View More

Nina Whitehurst
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answered on Oct 18, 2023

You can always buy the house from the estate.

1 Answer | Asked in Criminal Law and Elder Law for South Carolina on
Q: Can a vulnerable adult be charged with a crime? Purchase a house? Take out loans etc?

And if so how is that? From what I gather a vulnerable adult is considered as being unable to do "everyday tasks" by themselves and need assistance. Could someone better explain if thats incorrect.

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Yes, as long as they are mentally competent.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for South Carolina on
Q: I live in South Carolina, do you need a notary signature and seal for a dual power of attorney?

My mother has dementia, we are doing paperwork while she is still mentally here but no money for an attorney. Will, living will, dual power of attorney. I know we can file at the court house, we just wanna make sure we have the paperwork done right.

Zach S. Naert
Zach S. Naert
answered on Jun 29, 2023

You should consult with an attorney. If your mother has dementia, she may not have capacity to execute the documents. You may need to pursue a guardianship. You should consult with an elder law attorney.

1 Answer | Asked in Elder Law, Health Care Law, Military Law and Nursing Home Abuse for South Carolina on
Q: My Father was veteran. He’s been at funeral home since Oct 2th without anyone letting the family know what’s going on.

My father was a veteran that had live in nurse aid. None of our family knew this person other than me searching her criminal records. She let him get dehydrated for 5 days which shut his organs down. She was reported to DSS.Not one person has gotten back with family on that. He then went in Oconee... View More

Roy Willey
Roy Willey
answered on Oct 9, 2022

I’m unclear on what your exact question is but you should contact an nursing home negligence attorney if you are concerned about the care your father received. So sorry for what you are going through.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... View More

1 Answer | Asked in Elder Law and Social Security for South Carolina on
Q: Do I need to just stop being rep of payee if so how?

I am currently rep of payee of my 64 year old mother's disability. Now she will not let me in her home & will barely speak to me because of diff of opinions. Should I stop being rep for my legal responsibility or how responsible for her am I?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 7, 2022

As a representative payee of your mother's Social Security disability, you have a lot of responsibility. You are responsible for managing your mother's benefit payments in a way that is in her best interests. You must follow Social Security law and use her disability payments for your... View More

4 Answers | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina on
Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?
Carole Jean Hayes
Carole Jean Hayes
answered on Apr 21, 2020

I am very sorry to hear of your loss. I agree with the other answer but I also wanted to share that you need to find an attorney as soon as you can, after doing your due diligence. You are going to need to subpoena a lot of documents and talk to the witnesses and get their deposition before their... View More

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1 Answer | Asked in Estate Planning and Elder Law for South Carolina on
Q: Is it legal to gift/give 14k to my grandchildren and put in a CD and be the custodian, any paperwork required?

I want to lower my tax interest and still remain in control of monies. Can this be done by just putting CD in their SS#?

Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2020

Take a look at opening 529 accounts for them for education purposes or a regular old Uniform Gift to Minors Act (UGMA) accounts at a bank or brokerage. More information here:

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Elder Law for South Carolina on
Q: My 77 y/o neighbor I believe is being scammed. Involving WalMart cards and money gram. Who can help her? 29582

She received "postal money orders for 3k, she was to cash and send $300.00 keep the balance. She recently sent $200.00 towards $2500.00 needed to release funds of 80k held in ApexCreditUnion.US. I'd like to find someone to help her.

Gary Kollin
Gary Kollin
answered on Nov 4, 2019

law enforcement

1 Answer | Asked in Elder Law for South Carolina on
Q: My dad died Monday and my sister says she doesn't know who the executor of the will is. How do we find out.

Who is the executor of the will? The will is in my sister's hands but she won't open it. Or says she cannot. How do we find out who the executor is? Her name is on the checking account and she is being very sneaky holding back on information.

Richard Winblad
Richard Winblad
answered on Dec 5, 2018

Read the Will. I don’t practice in your state. But states allow an interested person to file a probate and require the production of the will.

See an attorney in your state.

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