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Lloyd Wayne Patterson

Lloyd Patterson’s Answers

465 total


  • What is the time limit for filing a will after a persons death in laurens s.c?

    my dad died in dec. and left a will leaving his property and everything to my brother. I have 2 money hungry sisters who spent most of their time ripping the old man off and now they are trying to take everything from my brother. my dad said at th...

    Lloyd’s Answer

    The previous attorneys are correct. There is a statute that requires someone in possession of a will to file it with the probate court within thirty days of death. However, I have never seen this actually enforced.
    Your brother needs to retain an attorney to assist him with the probate process and to demand the return of anything that has been taken from the property. He can also issue No Trespass notices to them to keep them off the property.

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  • On probation for DUI in the state of MN for 5 years, however I just got a DUI in SC. What will happen to me in SC?

    Served 2 years of the 5 year probation for the state of MN for the DUI. So what will happen to me in SC and how will this impact my probation in MN.

    Lloyd’s Answer

    The South Carolina court will normally pull your tne year driving record and then you will likely be charged with a DUI 2nd as the other attorneys have noted. Then the MN court may or may not find out.
    Hire a South Carolina DUI attorney and let him review the discovery information and videos. Then he can make a recommendation on how to proceed.

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  • Does the fact that the house was awarded to a spouse by the divorce Decree make it mandatory for the other to sign a Quit Claim?

    The court awarded me the house with my Ex paying for the mortgage.I want to refinance it on my name but my Ex refuses to sign the Quit Claim.Can he do that?

    Lloyd’s Answer

    The way to enforce a South Carolina Family Court Order is to file a Contempt Complaint. See the link below for more information on contempt. Typically you will need an attorney to draft the complaint and file it for you since there are particular rules, especially as to service. Your previous attorney can assist you or you can retain someone else. If you were awarded the house in the final order, then there should have been language in the order that he would have to execute a deed in your favor. If he is paying for the mortgage, then I am not sure why it matters to you that the mortgage be refinanced but the deed should be placed in your name sooner rather than later.

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  • How long in south carolina do you have to file a will with probate? What happens when an heir dies and there are unpaid taxes?

    In 2008 my grandfather passed away my uncle that was living with him at the time said there was no will. Well i recently went to my grandfathers house after learning of the death of that uncle. I found a will that was wriiten and has witnesses sig...

    Lloyd’s Answer

    I am not sure what you mean by "unpaid taxes" but the estate of the party that owes the taxes would be responsible. If it is property taxes and there is not enough money in the estate, then the property can be sold or the heirs can pay, it just depends. If there is real estate involved, someone will have to file to be the personal representative of the estate with the probate court.

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  • What do I do ?

    My father in law passed away last year leaving land to my husband. My husband passed away 2 weeks ago never having put this land in his name. I do have a will my husband made out where all properties are left to me at his death. Please advise me o...

    Lloyd’s Answer

    Your father-in-laws estate will have to be probated and the land transferred to your husband. Then your husband's estate will have to be probated in order to transfer the property into your name. Contact a local probate attorney for assistance. See the link below for more information.

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  • In South Carolina, is there a statute of limitations on contesting a Will?

    and if, for instance, a farm is willed to someone and the items and livestock on the farm were not specifically mentioned anywhere in the will, would that mean that everything on the farm was included in the "farm" or is that a point of contest?

    Lloyd’s Answer

    I agree with the previous answer. You would need to consult with a probate attorney and have him review the wording in the will and give you an opinion. It may be necessary for the South Carolina Probate Court judge to decide what the party intended. Items such as equipment and livestock are considered personal property while land is considered as real property.

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  • Looking for advice on divorce in SC/PA.

    Been married 16yrs. Lived in PA up until 18months ago. Now we live in SC. Would we be able to file for divorce in PA?

    Lloyd’s Answer

    Probably not but you would have to check with a PA attorney. Once you both have resided in SC for three months, the South Carolina Family Court would have jurisdiction over the divorce. For a court to hear a divorce action, it has to have personal jurisdiction over the parties and since you are both no longer residents of PA it is unlikely that the divorce could be heard there.

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  • Can my husband move out of the home without permission - we are not legally separated

    My husband left the state without telling me and moved out

    Lloyd’s Answer

    I agree, your husband can move out and leave the state. However, you can file for a temporary order in order to preserve your rights to a division of the marital property, temporary support, and other relief. I would suggest that you consult with a divorce attorney for further advice as to your specific situation.

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  • My mother's sister died and left my mom as Executor of her Estate 3 months ago. Probate has been started but not completed.

    My mother's nephew currently live in her sister's house but has not made any mortgage payments during the 3 months. My mother received a call from the mortgage lender asking for permission to take the house or to pay the past due balance in full. ...

    Lloyd’s Answer

    Your mother needs to consult a Greenville estate attorney for assistance. The main issue is whether there is any equity in the home. That will be the deciding factor in whether to allow the house to go into foreclosure or whether to petition the Greenville Probate Court for permission to sell the house or take other steps to settle the estate.

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  • According to SC laws, can a witness to a will also be an heir of said will?

    Deceased father. His wife knows of no will but his adult daughter from a previous marriage states she has his will and is named only heir in it. Wife wants to contest will.

    Lloyd’s Answer

    A spouse cannot be disinherited in South Carolina. The wife can file in the probate court to be named the personal representative of the estate and she will probably need to retain a South Carolina probate attorney since it appears there is going to be a fight over the estate.

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