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South Carolina Questions & Answers
1 Answer | Asked in Estate Planning for South Carolina on
Q: Two sons, 1 living (personal rep) and 1 deceased. Is heir the 2 living daughters of deceased son or surviving spouse?

2.1. Igive and bequeath all my tangible personal property not otherwise disposed of to my children or whichever one or more survives me….

3.5.

To my spouse, if my spouse survives me.

If my spouse fails ot survive me, my Residuary Estate shall be divided into equal separate... View More

Christian T. Wall
Christian T. Wall
answered on Oct 15, 2024

Based on the limited information provided in your question, it appears that the estate should be divided between the surviving son and the children of the deceased son. The surviving son would get 50%, and if the two living daughters of the deceased son are the only issue of that son, they would... View More

1 Answer | Asked in Probate for South Carolina on
Q: So I'm completely confused with what I need to do and how to start the probate process.

My father recently died and my mother passed in 2013, leaving me as the only child and beneficiary. However, my father has no will or trust nor did he set up POD or beneficiaries on any of his accounts. Cash assets are under $50,000, the only property is a couple of cars and some normal household... View More

Christian T. Wall
Christian T. Wall
answered on Oct 15, 2024

First of all, please accept my condolences on the loss of your father.

You will need to open up a probate estate with the probate court in the county he was living in when he died. Once the estate is opened and you are appointed the personal representative (what used to be called...
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2 Answers | Asked in Products Liability and Civil Rights for South Carolina on
Q: I have a friend who gave me something and now wants it back

Yes well he emptys his storage buildian in my yard for a few days that turns into everything getting brought into my house because of the rain well it's still here he's nad at me and wants a few items back that he gave me well he gave me a rug a sound bar sold me a TV and he broke it... View More

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2024

A local attorney should be able to advise on the best and safest way to handle this, which could involve figuring out a way to let them have the property and being done with it. Good luck

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1 Answer | Asked in Contracts, Employment Law and Immigration Law for South Carolina on
Q: Can I sue my company?

I recently got a promotion for my company’s first overseas contract. Being the first, my company did not know all that was required to have me start work in the new place. So they sent me overseas with no mission visa and had me working for 3 months before allowing me to then go back to the U.S.... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry you're experiencing this situation. It's important to reach out to a qualified attorney who can provide you with the appropriate guidance.

1 Answer | Asked in Uncategorized for South Carolina on
Q: How amend a death certificate of my death husband if he show in it as divorced, when I was married at time of his death

His brother said he was divorced, but I was married to him

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about the issue with your husband's death certificate. To correct the marital status, you should contact the vital records office or the agency that issued the certificate. They can provide you with the necessary forms and instructions to amend the document.... View More

1 Answer | Asked in Employment Law and Civil Rights for South Carolina on
Q: Salaried South Carolina employee tardies counted for termination but not required to clock in or out

If you are a salaried employee in South Carolina where you get a fixed salary each paycheck but you're not required to clock in or out how can being late to a shift be counted against you for termination?

James L. Arrasmith
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answered on Oct 10, 2024

I understand your concern about being a salaried employee who isn't required to clock in or out. Even without a time-tracking system, employers can still enforce attendance and punctuality policies. They may monitor your arrival times through managerial observation or other informal methods.... View More

1 Answer | Asked in Criminal Law and Tax Law for South Carolina on
Q: 401k hardship withdrawal

I am looking to do a hardship withdrawal from my 401k. I am unsure how much i need. The IRS page states "qualified disaster distributions are permitted without regard to your need or the actual amount of your economic loss." Could I face legal action if I take out more than I need for repairs

James L. Arrasmith
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answered on Oct 9, 2024

When considering a 401(k) hardship withdrawal, it’s important to understand the specific requirements and guidelines set by the IRS. Qualified disaster distributions allow you to access funds without strictly needing to match your exact economic loss. This flexibility is designed to help you... View More

1 Answer | Asked in Child Support and Civil Rights for South Carolina on
Q: How come I am paying CS, but I am being denied access to school events, medical & dental appointments. Is that Legal?
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answered on Oct 8, 2024

I'm sorry you're experiencing these challenges. Paying child support fulfills your financial responsibilities, but access to your child's activities and appointments is governed by custody agreements or court orders. If these rights aren't being honored, it can feel frustrating... View More

1 Answer | Asked in Banking for South Carolina on
Q: Bank stock was considered abandoned by Computershare, allegedly because they claimed owner did not respond to letters,

I allege that i was never contacted in any capacity.

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry to hear about the difficulties you're experiencing with your bank stock and Computershare. It's frustrating to feel like your ownership hasn't been properly acknowledged.

First, gather all relevant documentation, including any records of your stock purchases...
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1 Answer | Asked in Criminal Law and Juvenile Law for South Carolina on
Q: My daughter is 17 and she will be getting charged with unlawful position of a firearm. Never any trouble with the law

What should I do first? She gave a firearm to a 14 year old boy and he fired it in the air. She took the gun without my knowledge from my truck console. The said she will be getting charged now. What do I do?

Casey Brown
Casey Brown
answered on Sep 30, 2024

An experienced criminal defense attorney should be able to help resolve the matter while keeping her rights intact. There may be defenses and mitigation unknown to the solicitor and law enforcement that would be very helpful for her case.

1 Answer | Asked in Family Law, Immigration Law and International Law for South Carolina on
Q: How do I go about suing my parents for lying deceiving and holding me hostage. Can i sue even if outside to country?

At the age of 8 my purported parents & I immigrated to the U.S. Under the guise of vacation, they brought me back to my home country three months shy my eighteenth birthday. It was all just a ruse to take charge of my life. Once arrived they told me they took me at birth falsified my document... View More

James L. Arrasmith
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answered on Sep 29, 2024

You have the right to seek justice for what you’ve endured, even if you are outside the country. You may be able to sue for fraud, deception, and emotional abuse, among other claims. It’s essential to document everything, including the false documents, the coercion, and the conditions they... View More

1 Answer | Asked in Civil Rights, International Law and Municipal Law for South Carolina on
Q: If I am a resident of a state (SC) and I move from one county to another, what's it take to make me a resident?

For example, if I move from Charleston county to Dorchester county. It was my understanding that if you're in that county for longer than thirty days, and you receive mail correspondence in that county, that you are considered a resident of that county. Is that wrong? Is there something... View More

James L. Arrasmith
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answered on Sep 25, 2024

When you move from one county to another within South Carolina, residency rules generally depend on factors like how long you’ve lived there and where you receive your mail. If you've been in the new county for more than 30 days and you’re receiving mail there, this is often seen as... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: Can a person that sold their home/property, which has delinquent taxes owed, to a broker/realtor back out of the sale?

It was sold to the realtor in May 2024 and is advertised online but hasn't been bought yet.

James L. Arrasmith
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answered on Sep 16, 2024

If you've sold your home or property to a broker or realtor and there are delinquent taxes owed, whether you can back out of the sale depends on the terms of the contract you signed. Most real estate contracts are legally binding, meaning once you've signed, you are committed to the sale... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: Is the car still mine legally?

I was in a relationship for 5 years and now she wants to break it off. I bought 2 cars. One "for her" and one for me. I paid for it with cash, with no payments. I own it. Nothings in writing and there's no written agreement saying that i gave it to her. She doesn't even drive... View More

James L. Arrasmith
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answered on Sep 14, 2024

Based on the information you provided, the car is legally yours. Since your name is on the bill of sale and the title, and there is no written agreement or formal transfer of ownership, you retain legal ownership of the vehicle. The fact that you paid for the car and have not transferred it over to... View More

Q: Can a tax accessor pick and choose who get a homestead exemption and deny them no matter the age disability or anything

I am 100 percent disabled and the tax accessor has refused to give my homestead exemption for years and now my house has sold and I’m about to be homeless . But he has told me I wasn’t old enough to get an exemption and I wasn’t disabled enough I need a divorce I wasn’t a legal resident of... View More

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answered on Sep 13, 2024

You may have grounds to challenge the tax assessor’s actions, especially if you believe you've been wrongfully denied the homestead exemption despite meeting the qualifications. In South Carolina, if you're disabled or over a certain age, you may be entitled to the homestead exemption... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: is an LLC operating agreement valid without forming an LLC
James L. Arrasmith
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answered on Sep 11, 2024

An LLC operating agreement isn't valid without actually forming an LLC. The operating agreement is a legal document that outlines the ownership and operating procedures of a Limited Liability Company (LLC). Without creating the LLC through proper registration with the state, the operating... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: if your homeless but have a car and your working on getting on your feet is it ok to sleep in your vehicle

I have a friend and she’s trying to find resources and has to wait but she’s looking for a job and she’s a clean person. Is it legal to sleep in your vehicle so long as she’s working on trying to get on her feet?

James L. Arrasmith
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answered on Sep 8, 2024

It's good to hear that your friend is working hard to get back on her feet. In many places, it's not illegal to sleep in a car, but the rules can vary greatly depending on the city or state. Some places have specific ordinances that prohibit sleeping in vehicles overnight, especially in... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: 2 people left property.Asked if I wanted to buy other out or agree to sell for offer.Told I would have to bid higher.??

Both left equally.Both were executors, but I signed over to him in order for him to pay the bills without me having to be there. At first he wanted me to sign a quit claim deed for $13,000. My half would be $6500. He told me that was what the property had been appraised for. He also told me that... View More

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answered on Sep 8, 2024

It sounds like you are in a situation where the other executor is trying to negotiate terms that may not seem fair. Since both of you have an equal share in the property, you have the right to negotiate a buyout based on the actual value of the property. If he initially suggested a buyout price of... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: how long do I have to get my personal property out the vehicle after its been towed and impounded. The owner of

the impound wants to charge me to get my personal property. Can he do that?

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answered on Sep 8, 2024

When your vehicle is towed and impounded, you generally have a right to retrieve your personal belongings. The timeframe to do so varies by state and local laws, but it's often within a few days. You should check with the impound lot or your local law enforcement agency for the specific time... View More

2 Answers | Asked in Contracts, Civil Rights, Elder Law and Government Contracts for South Carolina on
Q: After leasing this low income apt 1 month ago. I.find out every one has bedbugs Can I get my deposit s back to moved

Do they have to tell me a bout this bed bug problem before or when I rent

Greenville SC

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

Bedbugs can often be a difficult case to establish. They can be argued from various different angles, a common one being that they are attributable to a claimant's personal belongings and laundering practices. Good luck

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