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Lloyd Wayne Patterson

Lloyd Patterson’s Answers

461 total


  • My mom had a lifetime estate does it have to go through probate to go back to the ex husband

    Fyi

    Lloyd’s Answer

    The above attorneys are correct. Normally the ex husband would be responsible for filing any necessary paperwork to show that he is now the sole owner of the property. You need to contact the probate court in the county of her residence to see if probate of her other assets is required. You can use a small estate affidavit if there is no real estate and her personal property is less than $25,000.

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  • What would someone have to do to get an annulment?

    My mother got married in march and she realized she made a mistake. He's a drunk and very angry and hurtful. She wants to get an annulment, what would she have to do?

    Lloyd’s Answer

    The above attorneys are correct. It appears that she will have to get a divorce. Whether she can file for an "at fault" divorce or have to get a separation and wait the one year to finalize the divorce is something that she should discuss with an attorney. Here is a link to the grounds for divorce in South Carolina.

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  • I have a warrant out for my arrest (theft) First time offense ever. When I go to turn myself in, what should I expect?

    I was accused of stealing a ring. This warrant has been out for months.

    Lloyd’s Answer

    If this is your first offense, you will normally be released on a personal recognizance bond after you are booked and appear before the magistrate. However, you may want to contact a bondsman prior to going to the LEC or either have someone available to post bond for you. It is much better to turn yourself in rather than have them pick you up.

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  • If i inherit some land while married but latter deed the land in mine and my wife name does she have a right to half in a divorc

    divorce property to divide

    Lloyd’s Answer

    A deed in both names normally creates a tenancy in common which means that each party owns half. However, in a divorce, everything is negotiable.

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  • I am in a common law relationship and it is recognize here. What are my rights? We have kids and property together.

    Lived as a married couple for 9 years. He was the sole provider throughout the relationship.

    Lloyd’s Answer

    I agree with Attorney Nelson. Although common law marriage is recognized in South Carolina, it is not favored in the law and there is a high burden of proof. I have attached a link below that will explain what is required for a court to find that you are common law married. However, since children are involved, you need to contact an attorney for assistance with custody, child support, etc. and also for a determination on whether you need to actually file for a divorce since there is no such thing as a common law divorce. I would suggest that you retain someone that has actually tried some common law cases.

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  • Wife and Husband separated.Mortgage in husband name only being foreclosed on. Is wife responsible for mortgage? Deed both names.

    Wife had no idea about foreclosure until letter came. Have been separated over 6 months and are still separated. Husband was to pay mortgage during separation period,but fail to do so. The deed is in both names. Is wife responsible for other debt...

    Lloyd’s Answer

    I agree with Attorney Silver. You need to consult with a South Carolina Divorce attorney as soon as possible to avoid losing any equity that you may have in the home. See the link below for more information on the division of marital property in South Carolina.

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  • What would happen if found driving with suspended license?

    My wife got a speeding ticket in South Carolina back in Dec 2014. We live in Alabama but home town is Utah. She did not appear to court which was scheduled end of January 2015 and it's unpaid. Three questions... It's been 4 months since getting...

    Lloyd’s Answer

    • Selected as best answer

    It is possible that her Utah driver's license is suspended. She can check with the Utah DMV to find out but even if it is not suspended that does not mean that the SC court has not issued a bench warrant for her arrest and it is on file with the National Crime Information Center. That means if she is stopped she could easily end up in jail. As the other attorney has suggested, contact the court and make arrangements to pay. However, it appears that you may not know which court since SC has a number of different traffic courts. She if she can remember in what county she received the ticket and then you will have to call all of the traffic courts in that county to see if you can find it unless it is listed in the public index which is at
    http://www.judicial.state.sc.us/casesearch/

    It that does not work. call the South Carolina DMV and see if they can give you the information.

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  • I own a home in greenville sc. If I get married would my spouse have any claim to my home if things didn't workout?

    I am engaged to be married. I own my home in Greenville, S. C. and want to know if the marriage were to end with a divorce would my spouse have any claim to my home.

    Lloyd’s Answer

    The answer is that it depends. If it becomes the marital residence and she makes material contributions to the home, then he or she would have a claim and the judge would have to decide the amount of her claim. One way to avoid that would be a prenuptial agreement or, if you have children, you could deed the house to them reserving a life estate for yourself. Also, if you should pass without a will, he or she would be entitled to a 50% share of your estate which would include the house. I suggest that you consult with a Greenville family law attorney since this is not legal advice, just general information that may not apply to your particular situation and major decisions should only be made with the advice of your own attorney.

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  • Do I need an attorney if I've been married over 10 years and have gotten husband to agree on everything in the divorce?

    Married in 2002...one child of marriage age 10....house with private mortgage in both names but deed in only mine. I just want my legal half of everything and joint custody for son with every other week rotation and child support set by SC guideli...

    Lloyd’s Answer

    I fully agree, with a house and child custody involved you definitely need an attorney to be sure that the order of divorce fully covers everything now and in the future.

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  • Can i get this speeding ticket voided?

    i live in south carolina and the coordinates at the bottom of the ticket say i got pulled over in Tibet, China. i mean this information is completely wrong and from my understanding, tickets suppose to be accurate. the coordinates he wrote are N ...

    Lloyd’s Answer

    For a South Carolina speeding ticket you do have the right to plead not guilty at your court date and request a jury trial. This will give you time to raise the money to pay the fine. If you talk to the officer in an appropriate manner on your court date he may reduce the ticket which will mean a lower fine and fewer points. You can also ask him for time to pay the fine and they will normally give you a couple of weeks but be sure to pay on time.

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