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Lloyd Wayne Patterson

Lloyd Patterson’s Answers

475 total

  • My wife left and is living with another man. Obviously, I want a divorce. Next steps?

    We have been married almost 17 years. Didn't really see it coming. We have 3 children. 2 are adults now, her's from a previous marriage. We have one daughter who is 16. The daughter is living with me in the family home.

    Lloyd’s Answer

    The other attorneys are absolutely correct. With child custody issues and an at fault divorce action you need to retain an attorney to advise you. You have other things to take care of rather than trying to navigate the family court system on your own.

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  • Do I need an estate attorney to contest a will.

    My dad passed away in 10-03-15. My brother was made power of attorney in 2014 and in July 2014 he put my daddy in a nursing home because of alziemers. I just found out that my daddy signed everything over to my brother. House, money CD'S. EVERYTHI...

    Lloyd’s Answer

    As the other attorneys have stated, it is very difficult to contest a will and change of beneficiary designations.
    You will need an attorney to assist you. Since your brother had a power of attorney there would be a question of whether he violated his fiduciary duty under the power of attorney.

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  • Grandmother passed away, with no legal will. Her home was a life estate, do we still need to go through probate?

    Grandmother passed away, with no legal will. Her home was left to her as a life estate and now goes to her step daughter. All she has are possessions in the home like trinkets, jewelry, televisions, movies, furniture, and a vehicle. She had no deb...

    Lloyd’s Answer

    In order to transfer the vehicle, you will need to file a Small Estate proceeding with the probate court assuming that the total value of her personal property was less than 25,000.00. That will be required by the DMV. You can get the forms from the court.

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  • If I give a durable power of attorney with full authority can I still give a will to somebody eles in s.c. or do I give up that

    I gave full poa to my friend 5 years ago and gave a will to my sister a few months ago. is that will valid

    Lloyd’s Answer

    Attorney Cross is correct, as long as the will is properly signed and witnessed, it is valid. If you are concerned about the Power of Attorney, you can always revoke it. You also need to execute a Health Care Directive (Living Will) if you have not done so.

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  • Me and my husband have been separated for 3 months NOT legally and he already dating can I get alimony we were married 13 years

    We were married 13 years of which I Never worked

    Lloyd’s Answer

    Whether to award alimony and the amount is up to the discretion of the judge and depends on a number of factors which are:
    (1) duration of the marriage;
    (2) physical and emotional health of the parties;
    (3) educational background of the parties;
    (4) employment history and earning potential of the parties;
    (5) standard of living established during the marriage;
    (6) current and reasonably anticipated earnings of the parties;
    (7) current and reasonably anticipated expenses of the parties;
    (8) marital and nonmarital properties of the parties;
    (9) custody of children;
    (10) marital misconduct or fault;
    (11) tax consequences; and
    (12) prior support obligations; as well as
    (13) other factors the court considers relevant.

    For a full discussion on the award of alimony see the link below.

    I would suggest that you contact a divorce attorney for assistance. There are a number listed on

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  • My father passed away last year, he had a policy with his job but did not list a beneficiary. how do I set up a estate?

    I have a sister that told his job that she does not want the money but I was told to have to establish and estate and let her know . I do not know the process of and estate.

    Lloyd’s Answer

    Assuming that he resided in Greenville, you can call the Greenville Probate Court at 864.467.7170 and make an appointment with one of the clerks. You will need his death certificate and copy of the obituary. They can give you the forms that you will need to file but they cannot provide you with any legal advice. If this was his only asset, you may be able to handle the process without an attorney. Click on the link below for more information on Greenville Probate.

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  • I still live in my mother's house after her passing. It is still in probate. It was left to me and my younger sister.

    My brother is the executor. Can he take the house from me or make me move?

    Lloyd’s Answer

    You can contact the Newberry County probate court, since I assume that is the correct county, and obtain a complete copy of the probate file. If there are claims against the estate and no other assets, the estate may have to sell the house to satisfy those claims. Otherwise, you may have to pay rent to the estate if requested.
    Normally, the house will be distributed out of the estate at closing to you and your sister as tenants in common. Then you will have to deal with her as to either buying her out or some other arrangement. You need to be sure that insurance is maintained on the house.

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  • I need to know if what the cops used as a reason to lengthen a traffic stop was legitimately probable cause to do so.

    I was stopped for a headlight I did not know was out. I was eventually asked to step out. I was asked if they could search me or my vehicle I said that I did not consent to any searches. He informed me that he was already waiting on a drug dog and...

    Lloyd’s Answer

    Excessive air fresheners and the presence of cigar wrappers are some of the items that have been found to consist of reasonable suspicion in order to extend a traffic stop. I would recommend that you retain an attorney to review the officer's report and give you an opinion on whether the search was proper.

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  • South carolina, common law marriage

    if your spouce declares you as married on tax returns as common law married and stated that you are his wife weather in public or on a text does the other spouce have any rights when trying to file for a divorse in the courts in south carolina and...

    Lloyd’s Answer

    I agree with attorney Frazier. You may well have the rights of a spouse. However, the only way to find out is to file for a divorce and have the South Carolina family court make a decision. This is not something to try to do on your own so retain an experienced South Carolina attorney.

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  • Can ex wife be beneficiary of deceased ex husband life insurance, 401k, and pension if he has remarried

    Does law revoke ex wife and passes to new wife . Ex wife name on joint checking and savings account also, can that be revoked and passed to his estate.

    Lloyd’s Answer

    From the information that you have provided there is no clear answer. This is something that would have to be discussed with a South Carolina probate attorney. The laws are different depending on whether the 401K and pension are subject to Federal law or State law and whether the beneficiary was changed after the divorce. There may also be language in the divorce decree, especially about the bank accounts. Normally, the ex wife has no claim to the estate but that is not always the case. The party that is going to file to be named the personal representative should consult with an attorney first. Click on the link below for information on filing probate in Spartanburg.

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