Lloyd Wayne Patterson’s Answers

Lloyd Wayne Patterson

Greenville Criminal Defense Attorney.

Contributor Level 14
  1. My grandson's father died. HE HAD A WILL, AND MENTIONED IN THE WILL HE HAD A CHILD, BUT LEFT HIM NOTHING. IS THAT LEGAL IN SC.?

    Answered 24 days ago.

    1. Lloyd Wayne Patterson
    2. Timothy J Vitollo
    3. Tony Anthony
    3 lawyer answers

    South Carolina probate requires that a will be submitted to the probate court and there is a statute of limitations on contesting the will. There are not enough details in your question for an answer. Here is a portion of the statute on children that are not named in the will SECTION 62-2-302. Pretermitted children. (a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child, upon compliance with subsection (d),...

    5 lawyers agreed with this answer

  2. Can I be qualify for a uncontested divorce

    Answered over 1 year ago.

    1. Lloyd Wayne Patterson
    2. John A. Jackson
    3. Anneshia Miller Grant
    3 lawyer answers

    It appears that you have a common law marriage which is recognized in South Carolina. However, there is no such thing as a common law divorce. You will have to file and obtain a divorce through the court. A no fault divorce requires that you live separate and apart for one year. You can immediately file and obtain an order of separation and maintenance and then get the divorce after one year of separation or a divorce now if you have been separated that long. Click on the link below for...

    5 lawyers agreed with this answer

  3. Can I avoid probate court if my irrevocable living trust lists my house in the trust but the deed for my house makes no referenc

    Answered 24 days ago.

    1. Steven R. Janssen
    2. Lloyd Wayne Patterson
    3. Cheryl Sellers Johnson
    4. Shelley Ann Elder
    4 lawyer answers

    Unfortunately this is a common problem. Vehicles, mobile homes and real estate have to be actually titled in the name of the trust.

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  4. Would i have to sell my home and car to give surviving kids their half of what my husband and i had together because thats a we

    Answered almost 2 years ago.

    1. Lloyd Wayne Patterson
    2. Evan Kyle Guthrie
    3. James P. Frederick
    3 lawyer answers

    It depends on how the land and other assets are titled and whether there is a will or not. The surviving spouse is entitled to a minimum of one third of the estate regardless. If the asset is held in both names with the right of survivorship, then the property is yours by operation of law and does not have to be probated. You may want to call the Laurens County Probate court and make an appointment with the clerk. She can give you all the forms and instructions. The procedure is fairly simple...

    4 lawyers agreed with this answer

  5. I am still married to my husband, but had his name removed from the deed to our house, but I have a will and he is the executor

    Answered 9 months ago.

    1. Lloyd Wayne Patterson
    2. Rebecca Lynne Evans
    3. Jeffrey Patrick Guevin
    3 lawyer answers

    South Carolina spousal elective share is one third of your estate. If you are still married and do not leave him at least one third of your estate he can petition the court to award him that portion. Since you have a will, your will controls how your estate will be divided. As the executor, it would be his responsibility to properly distribute your estate. See the link below for more information on South Carolina probate.

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  6. How long do both parties have to live in South Carolina before one can file for a divorce here? Also, what law is this based on

    Answered almost 2 years ago.

    1. Lloyd Wayne Patterson
    2. Ala M. Hamayel
    3. Philip Douglas Cave
    3 lawyer answers

    SECTION 20-3-30. Residence requirement. In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement...

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  7. I have power of attorney for my dad and I am having problems with my sister.

    Answered 4 months ago.

    1. Debra Lynn Fein
    2. Angela M. Kirby
    3. Lloyd Wayne Patterson
    4. Michael Leo Potter
    5. Ivette M Santaella
    5 lawyer answers

    I agree with the above attorneys. Putting the house in her name for less than fair market value could disqualify him from Medicaid benefits. In order to prevent any transfers, you may want to consider filing with the probate court to be his conservator which gives you full control where just a POA may not. See the link below for more information.

    3 lawyers agreed with this answer

  8. My daddy is legally married but they don't live together hates eachother When he dies will she get anything if no will was made?

    Answered 10 months ago.

    1. Lloyd Wayne Patterson
    2. Michael S. Haber
    3. James Bunkey Swain
    3 lawyer answers

    A surviving spouse is entitled to a share of the estate depending on whether there is a valid will or not. If there is no will, the surviving spouse is entitled to one half of the estate. If there is a will, the surviving spouse can still claim one third of the estate. Click on the links below for a full discussion of the spousal elective share and intestate succession.

    3 lawyers agreed with this answer

  9. Can you have a DUI removed from your record in the state of South Carolina?

    Answered 11 months ago.

    1. Bradford Andrews
    2. Lloyd Wayne Patterson
    3. Jonathan Brooks Davis
    3 lawyer answers

    A South Carolina DUI stays on your driving record for ten years. There is no provision for an expungement. Sorry

    3 lawyers agreed with this answer

  10. My mom died a widow, with no will. She has brothers and sisters and i'm her only child. Who gets her estate?

    Answered 11 months ago.

    1. James Ross Snell
    2. Lloyd Wayne Patterson
    3. Ian Andrew Taylor
    4. Tasnima Apol
    4 lawyer answers

    I agree. Since real estate is involved, you will have to probate her estate in order to have the house transferred into your name.

    3 lawyers agreed with this answer