Lloyd Wayne Patterson’s Answers

Lloyd Wayne Patterson

Greenville Criminal Defense Attorney.

Contributor Level 14
  1. Can I be qualify for a uncontested divorce

    Answered about 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

  2. 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

  3. 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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  4. 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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  5. I have power of attorney for my dad and I am having problems with my sister.

    Answered 3 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

  6. 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 9 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

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

    Answered 10 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

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

    Answered 10 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

  9. How to force a property sale in an estate to pay debt

    Answered about 1 year ago.

    1. Lloyd Wayne Patterson
    2. Celia R Reed
    3. James P. Frederick
    3 lawyer answers

    If there are creditors and no funds to pay, then the real estate has to be sold to pay the debt. Of course, the boys have the option to purchase the property just like anyone else. The personal representative can have the estate attorney file a petition in the probate court for permission to sell the property. The probate judge will have to issue an order approving the sale.

    3 lawyers agreed with this answer

  10. My wife recently died without a will. All her assests were jointly with me. Do I need a lawyer to handle the estate?

    Answered almost 2 years ago.

    1. Lloyd Wayne Patterson
    2. Ian Andrew Taylor
    3. James P. Frederick
    4. C Steven Moskos
    5. Evan Kyle Guthrie
    5 lawyer answers

    I also am very sorry for your loss. It is unusual for real estate to be titled with "or" between the names. While this is acceptable for the vehicle and the checking account, it would probably be held to be a tenancy in common rather than as a joint tenancy with the right of survivorship. Real estate is handled differently. You should have a probate or real estate attorney review the deed since you don't want a problem with clear title later on. You also need to consider how to properly...

    3 lawyers agreed with this answer