Lloyd Wayne Patterson’s Answers

Lloyd Wayne Patterson

Greenville Criminal Defense Attorney.

Contributor Level 14
  1. How long in South Carolina do family members have to submit will to probate after father dies?

    Answered 8 months ago.

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

    SECTION 62-2-901. Delivery of will to judge of probate; filing. Every executor, devisee, legatee, trustee, guardian, attorney, or other person having in his possession, custody, or control any last will and testament, including any codicil or codicils thereto, of any person dying must within thirty days after notice or knowledge of the death of the testator deliver such last will and testament, including any codicil or codicils thereto, to the judge of the probate court having jurisdiction...

    1 lawyer agreed with this answer

  2. How do I go about getting a divorce after 18 years of marriage and 2 small children

    Answered 8 months ago.

    1. Lloyd Wayne Patterson
    2. Randy Chambers
    3. Jeffrey A. Runge
    4. Theodore W. Robinson
    4 lawyer answers

    Contact a Greenville Divorce attorney. Attorney Runge and the other attorneys are absolutely correct. This is considered a long term marriage and you may be entitled to alimony. You are also entitled to an equitable division of the marital estate and to file for custody of your children. In a divorce, each case fact specific and you do need a Greenville divorce attorney to assist you.

    1 lawyer agreed with this answer

  3. How long is the duration to get divorce decree after the final hearing of divorce?

    Answered 8 months ago.

    1. W. Scott Palmer
    2. James Ross Snell
    3. Lloyd Wayne Patterson
    3 lawyer answers

    The other attorneys are correct. The divorce is not final until the judge signs the order. As to whether the government acknowledge your new marriage, that depends entirely on the circumstances and the country but you must be divorced first.

    1 lawyer agreed with this answer

  4. My Daughter is in CO. with a 2 year old son. She is going to divorce her husband. She wants to come home to SC to file. Can she?

    Answered 8 months ago.

    1. Lloyd Wayne Patterson
    2. Dean George Tsourakis
    2 lawyer answers

    In order to file for a divorce in South Carolina, residency requirements must be met for the family court to accept the case. If the court discovers it does not have jurisdiction to hear the divorce it will not be accepted or it will be dismissed. In order to file an action for a divorce, the plaintiff must have lived in South Carolina at least one year prior to filing for a divorce or, if the plaintiff lives in another state, the defendant must have lived in South Carolina for one year. While...

    1 lawyer agreed with this answer

  5. How to handle 401K when divorce

    Answered 9 months ago.

    1. John A. Jackson
    2. Lee Alan Thompson
    3. Joseph Torri
    4. Lloyd Wayne Patterson
    4 lawyer answers

    I agree with the above attorneys. It will be necessary to have a Qualified Domestic Relations Order signed by the judge in order to properly divide the retirement accounts. You do not wait until retirement but it is a part of the divorce process and something that should be handled by an attorney.

    1 lawyer agreed with this answer

  6. Can a settlement proposal in a divorce be enforced even if the husband died? After a 30 year marriage to a multi millionaire,

    Answered 9 months ago.

    1. Stephan Victor Futeral
    2. John A. Jackson
    3. Lloyd Wayne Patterson
    4. Kevin H. Pate
    4 lawyer answers

    The answer is no, the settlement agreement cannot be enforced since it was never entered as a court order. Further, one spouse cannot disinherit the other spouse but you have to immediately make your claim with the probate court.. You are entitled to one third of his estate. I would suggest that you contact a probate attorney immediately for assistance. For more information on the spousal elective share click on the link below.

    1 lawyer agreed with this answer

  7. A debt collector said that I had committed a class C felony and that an extradited warrant would be issued for me, unless I pay.

    Answered 12 months ago.

    1. John A. Jackson
    2. Lloyd Wayne Patterson
    3. Alan James Brinkmeier
    3 lawyer answers

    This is a very common scam that I have seen numerous times. Usually you do not actually owe the money and they have picked up your name from somewhere. They usually try to frighten your spouse into paying. They are professional scammers and they know exactly what to say. You cannot be arrested for not paying back a payday loan. You need to file a report with the local FBI office at 151 Westpark Boulevard Columbia, SC 29210-3857 Phone: (803) 551-4200 Fax: (803) 551-4324 Do not...

    1 lawyer agreed with this answer

  8. Does a will have to be executed if has been since 1994? My grandfather left his farm to his 3 children and nothing happened?

    Answered over 1 year ago.

    1. J. Ashley Twombley
    2. Tina Louise Brown
    3. Joseph Franklin Pippen Jr.
    4. Steven M Zelinger
    5. Lloyd Wayne Patterson
    5 lawyer answers

    Action in the South Carolina Probate Court will be required in order to transfer the property out of your grandfather's name. Since it has been so long, the three children should retain an attorney to assist them before this gets any older and more complicated.

    1 lawyer agreed with this answer

  9. My exwife refuses to return my children after taking them on the sceduled dates of visitation. She lives in OH and I live in SC.

    Answered over 1 year ago.

    1. Lloyd Wayne Patterson
    2. James D. Mosteller III
    3. J. Richard Kulerski
    3 lawyer answers

    The above expert is correct. the problem is that usually law enforcement in another state will not assist you unless your order from SC is first registered in that state. Note that this is not legal advice and you should retain a local attorney. The attorney can file the Rule to Show Cause in the SC court and also have your Order registered in Ohio. Then law enforcement in Ohio should assist you when you go to get your children and you should also be able to get her visitation terminated. For...

    1 lawyer agreed with this answer

  10. Offer wrote wrong fine on ticket.

    Answered over 1 year ago.

    1. Justin Michael Lovely
    2. Lloyd Wayne Patterson
    3. John A. Jackson
    3 lawyer answers

    This is called the "move over" law designed for the protection of emergency personnel and police officers. South Carolina has had several officers injured by passing vehicles so they are strictly enforcing this law and that is the fine. Unfortunately it does not matter that the officer originally made a mistake as to the amount of the fine. If you are going to stay in the US with a US drivers license and insurance, then it would absolutely pay you to retain a South Carolina traffic...

    1 lawyer agreed with this answer