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Lloyd Wayne Patterson

Lloyd Patterson’s Answers

466 total


  • If my father is awarded any money from medical neglect case & dies before it is settled does the executor have to award equal $

    a medical neglect case goes to court and my father dies before it is settled do I have to share this with my siblings? I am executor of the will?

    Lloyd’s Answer

    It depends on whether there is an additional action for wrongful death due to the medical neglect. I have added a link below on wrongful death in South Carolina. Otherwise, the settlement will be a part of your father's estate and distributed in accordance with his will. As the executor your duty will be to properly administer the estate and distribute the assets in accordance with the will.

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  • I am from MD and received a speeding ticket (25 over) on I-95 in Clarendon County, SC. Do the points transfer to MD? Thank you.

    The ticket is $355. Does it pay to fight? Can this be successfully defended? Thank you.

    Lloyd’s Answer

    My understanding is that any minor out of state speeding violation will be posted to your record but will not result in points against your Maryland driving record. However, it will be posed to your record for your insurance company to see if they should check. Employers also often check driving records. I agree with the other answers, contact a South Carolina Speeding Ticket Attorney for assistance.

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  • Ticketed for 80 in a 65, Do I need a lawyer?

    I was traveling on I 85 in Gastonia nc. I was given a ticket for going 80 in a 65. I know I was going about 73. There was other cars passing around me. Is there any point in trying to fight this?

    Lloyd’s Answer

    If you have a North Carolina driver's license, you may be eligible for what is called a Prayer for Judgment which keeps the ticket off your record. If you are a SC driver, then NC will normally report this ticket back to SC and it will be 4 points on your license and possibly result in an increase in your insurance premiums.
    It is worth trying to get the ticket reduced, either by appearing in court yourself or retaining an attorney.

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  • Can someone contest a will on "your behalf?"

    My Mothers ex sister in-law has claimed she is contesting my Grandfathers will on her behalf. How can my mother find out if this is true. The only information my mother has received from her ex sister in-law has been untrue. We believe that my mot...

    Lloyd’s Answer

    Probate court filings are public information and you can obtain a copy of your grandfather's file by contacting the probate court and paying a small fee. They will mail you a copy of the entire file or you can go by the court and look at it in person. Unless the ex sister in-law is an attorney, she cannot represent your mother in any shape, form or fashion in a court of law unless she is your mother's guardian appointed by the probate court.

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  • Police officer told me I would not have to appear in court, but there's a date and time on the summons section.

    I just received my first speeding ticket recently. I was going 15 over, but the officer was nice enough to notify me that he would drop it down to 10, reducing the charge and the points added to my license. He also mentioned I would not have to ap...

    Lloyd’s Answer

    It appears the officer has given you a "roadside reduction" from a four point ticket to a two point ticket. Look at the fine amount on the ticket. Normally the fine for a two point ticket is 81.00 and most people pay the ticket rather than hiring an attorney or appearing in court but that is your decision. If you pay the fine prior to the court date listed on the ticket, then you do not need to appear in court. If you do not pay or appear, then it is likely that a warrant will be issued for your arrest for failure to appear. If it is more than a two point ticket, it is usually to your advantage to show for court or to retain an attorney.

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  • Are divorce Attorneys restricted to working in specific counties?

    I'm looking for a divorce attorney and having trouble finding one in my specific location. Are lawyers restricted to certain areas? If not looking for a great divorce attorney. Thank you

    Lloyd’s Answer

    Attorneys are not restricted to particular counties within the state. It is quite common for an attorney to represent clients in multiple counties. It is more important to retain an attorney that you are comfortable with than one in your specific location.

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  • Divorce and real estate lawyer

    divorced in 2000, separated for 5 months, got back together and lived together in same house for 12 more years I gave up everything in the divorce but just found out my name is still on the house deed. do I have any legal rights to the house? is ...

    Lloyd’s Answer

    The answer on the house is a maybe and so is the issue of a common law marriage. My suggestion would be to contact the court that granted the divorce decree and see what the order says about the house. Probably you were supposed to have signed a quit claim deed over to him and he could file to enforce that order. See the link below for more information and case law on common law marriage.

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

    My dad has moved into assisted living and he told my sister that she could rent his house. Now she is telling me that she wants to pay the small amount that my dad owes on his house and put the house in her name. I am against her doing this. I hav...

    Lloyd’s Answer

    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.

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  • Do I need to open my father's estate if my step mother didn't tell probate he had a living son?

    My father died in 2009.I just learned that my step mother opened his estate in April 2013.She didn't list me as his only living heir .She died a few weeks ago.She left a will in which she stated that the house/properties should go to her two grand...

    Lloyd’s Answer

    Since there is real estate, then there will have to be a probate action and the property distributed in accordance with his will or the law of intestacy. The probate file is public so that is where you should start. Go to the probate court which is in the old historic courthouse in Charleston assuming that he resided in Charleston County. Probably your next step would be to file to be appointed the personal representative of his estate if it is not closed. Once you have the entire file, then consult with a probate attorney.

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  • What happens if one of us just show up for a summons has to do with our farther estate

    if one of us goes to the court house for our dad estate hearing and I have a power of attorney from my mom because she can't make it I will be speaking for her and I have all the documents that I need with me will I still be entitled to get our fa...

    Lloyd’s Answer

    You cannot represent your mother in court with a power of attorney. You would need to obtain either a conservatorship or guardianship in order to represent her in a court hearing. If there are contested issues regarding your father's estate, then you and your mother need to retain a South Carolina probate attorney to properly represent your interests. While you and your mother are supposed to receive your inheritance from the estate whether you attend the hearing or not, the party appointed as personal representative of the estate has all the power and often that power is abused.

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