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I was notified in 2023 that his spouse had deceased. I sold the house in 2023. Do I have to pay capital gains from the fair value of the house in 2002 when my Dad died or when I was able to sell the house last year after his spouse with the Life estate passed?
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answered on Jan 26, 2024
In the United States, the basis for calculating capital gains on inherited property is typically the fair market value of the property at the time of the original owner's death. In your case, this would be the value of the home in 2002 when your father passed away. This is known as the... View More 
The credit card is only in the name of the deceased.
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answered on Jan 25, 2024
In the situation you've described, where a phone was given to you by someone who has since passed away, and the phone's credit balance is unpaid, there are a few considerations under South Carolina law. First, the responsibility for the unpaid balance typically falls to the estate of the... View More
I just left a team meeting where my Director told us that we would get corrective action/fired if we engaged in personal conversations (on personal cell phone) with our co-workers complaining/venting about them ( Director & Manager) or about the company? Also, insinuated that younger people are... View More
answered on Jan 23, 2024
Interfering with an employee’s right to discuss the terms and conditions of the workplace with coworkers likely violates the National Labor Relations Act and could be reported to the National Labor Relations Board through a filed complaint. And if an employee is fired for engaging in protected... View More
answered on Jan 23, 2024
You will have to pay to get it out and you should also be mindful that there may storage cost involved so I would do this sooner than later. The logic behind it is it was a safety hazard and had to be removed for public safety and you are the owner and are responsible for securing the vehicle.
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answered on Jan 23, 2024
In South Carolina, if your car is towed to an impound lot, regardless of the circumstances, you are generally responsible for the costs associated with towing and storage. This applies even if your car was stuck in flood waters. The decision to tow is often made for safety reasons or to clear the... View More
The license plate and registration ?
answered on Jan 22, 2024
You should take care of both the license plate and the registration. You need to go to the DMV and return the tag and registration and you need to let the lien holder know as well if car is not paid off as they are going to continue to expect payments. If it’s totaled, they should be able to... View More
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answered on Jan 19, 2024
In South Carolina, if you resign from your job and your employer has already deducted payments for insurance benefits from your paycheck, it is generally not permissible for them to immediately cancel your insurance benefits. The continuation of insurance coverage is often subject to the terms... View More
I've taken pictures of the sign and my injuries I went to the emergency room immediately. The sign is an obvious hazard
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answered on Jan 18, 2024
If you have sustained injuries, including a concussion and facial stitches, due to a hazardously mounted road sign on the sidewalk, you may have grounds to pursue a personal injury claim. Documenting the incident with pictures and seeking immediate medical attention strengthens your case by... View More
Is there a different way I could title this so it wouldn't be an issue?
answered on Jan 16, 2024
There would typically be a process one could inquire about for rights clearance or limited licensing with the owner of the trademark. This is typically something an attorney would handle, but the information about the owner/their representative may be found online with the TEAS trademark lookup... View More
Is there a different way I could title this so it wouldn't be an issue?
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answered on Jan 13, 2024
To avoid potential trademark issues with your story's title, consider using a more generic term instead of a specific brand name. For example, you could title it "The Flavored Drink Pact" or "The Sweetened Beverage Agreement." These alternatives convey a similar idea... View More
My dad passed away a year ago. We recieved a letter for being listed in the will. My brother got a copy of the will were were listed a certain dollar amount ..probate has closed and we have recieved nothing. I don't know how it works or what we should do.
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answered on Jan 12, 2024
In South Carolina, the probate process involves the administration of a deceased person's estate, ensuring the distribution of assets according to their will or intestate succession laws if there's no will. If probate has been closed, it suggests that the assets were distributed as per... View More
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answered on Jan 11, 2024
In the scenario where someone sends an inappropriate picture to a group chat, the primary legal focus is usually on the person who sent the image. Their action of sending such content could potentially expose them to liability, especially if the image is obscene or constitutes harassment.... View More
Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?
Section of the consent agreement in question:
20. Other Property. Father shall pay directly to Mother, One Hundred Thirteen Thousand Eight Hundred Eighty-Four Dollars and Fifty... View More
answered on Jan 11, 2024
For a comprehensive answer to your question, a review of the entire agreement would be required. The clause presented alone suggests that personal property is still subject to being divided. It would also be important to know the time that has elapsed since the divorce, and whether previous... View More
Now I have a plea hearing schedule for next Thursday and my PD doesn't even know my side of the story. I ask him to see if we could get a continuance and he said they declined. Can this happen, what can I do? I don't feel like I'm being treated fairly.
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answered on Jan 4, 2024
It is concerning that you have not had an opportunity to discuss your case with your public defender, especially as you approach a plea hearing. Communication between a defendant and their attorney is crucial for a fair legal process. It is unusual for a plea hearing to proceed without adequate... View More
I became irate and given no medical care and put back in cruiser. While waiting to leave I kept asking for water and slipped cuffs to my front and began beating on window asking again for water. The officer yanked opened door and jerked me out by my elbow while in cuffs and slammed me to the... View More
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answered on Jan 3, 2024
Your experience raises concerns about potential excessive force and denial of medical care, both of which are serious issues. In situations where an individual in custody is injured, law enforcement officers are typically required to provide access to medical care. Refusal to do so can be a... View More
I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?
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answered on Jan 3, 2024
In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More
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answered on Jan 2, 2024
Winning your court case for a false shoplifting accusation is a significant victory. This outcome not only clears your name but also confirms your innocence in a legal context. However, the experience of being falsely accused and arrested can have lasting impacts.
You might consider... View More
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answered on Jan 2, 2024
Being falsely accused of shoplifting can be a distressing and confusing experience. It's important to understand your rights and the steps you can take to address this situation.
Firstly, remain calm and cooperative if approached by store security or law enforcement, but be mindful not... View More
So let somebody use car to go to store. It went through a roadblock and got arrested. Now we have to pay for four days because it was on New Year’s weekend. Cops never called register owner. How did they know the car wasn’t stolen why should we have to pay
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answered on Jan 2, 2024
Typically, law enforcement should notify the registered owner in such situations. To address this issue, you may want to gather relevant details, such as proof of ownership and the circumstances surrounding the incident, and contact the impound lot or local law enforcement. In some cases, there... View More
When enrolled in the program my partner was given a daily fee of $7.55 or $52.85 weekly or $105.70 bi-weekly. And he's in a program that is for Greenville and Spartanburg county residents only. But he's a Berkeley county resident. He's now paying up to $200 bi-weekly. They do not... View More
answered on Jan 2, 2024
This would be dependent upon the actual agreement or contract he signed. Some contracts allow for variations in pricing due to market conditions, etc. Some do not. So it just depends what he signed and agreed to at the time of initiation of the relationship. He may also have a cancellation... View More
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