James D. Mosteller III’s Answers

James D. Mosteller III

Aiken Family Law Attorney.

Contributor Level 13
  1. My 2 sister are taking me to court over my mother home that was left to us the deed is in our name , I'm living in the home

    Answered almost 2 years ago.

    1. James D. Mosteller III
    2. Amanda Marie Cook
    3. Keith G Langer
    4. Ian Andrew Taylor
    4 lawyer answers

    Assuming that you only have two sisters, and that there is no other specification in the Will, and that you are a beneficiary, you have a vested interest in one third of the property, after creditors' claims and administrative costs of the estate are paid. If there are costs of the estate and claims against the estate, they can force the sale of the home to pay those bills, which come ahead of the interest of any beneficiary. This is assuming that there are not other assets to satisfy those...

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  2. Can a PR legally sell estate items a garage sale when I, as an heir, have never been given access to take what I wish to have?

    Answered about 1 year ago.

    1. James D. Mosteller III
    2. James P. Frederick
    3. Gary Todd Dupler
    3 lawyer answers

    You should consult an attorney in Columbia about this with due speed, and take all of your paperwork to the consult. An order granting access, is not necessarily an order of distribution allowing you to pick and choose items that you want. If the Will granted the PR the power of sale, the PR may well have had the right to conduct an estate sale without your permission, but the specific language of the order you received will control the situation.

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  3. After medical bills paid, how much can I expect for pain and suffering?

    Answered almost 2 years ago.

    1. James D. Mosteller III
    2. Christian K. Lassen II
    3. Andrew Daniel Myers
    4. J. Ashley Twombley
    4 lawyer answers

    There is no way to know at this time. The answer depends on the extent of your medical bills the success of the surgery length of recovery time, the extent of lost wages, and how well you recover. If there is permanent disability that would also effect recovery. You should get an attorney in your area quickly.

    4 lawyers agreed with this answer

  4. Best way to recoup investment on joint tenancy deed

    Answered 3 months ago.

    1. James D. Mosteller III
    2. Rebecca A. Seibert
    2 lawyer answers

    If you're on the deed you can file a partition action for your one half of the real estate and when the house is sold at the courthouse you will share with her in the proceeds.

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  5. I was married 2 years ago in Michigan, but have lived in South Carolina for 4 months. Which state would I file in?

    Answered about 2 years ago.

    1. James D. Mosteller III
    2. Stephen Fulton Shaw
    2 lawyer answers

    Michigan. § 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...

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  6. What can I do about getting my original copies from ex lawyer who refuses to hand them over or allow me to come pick them up?

    Answered about 1 year ago.

    1. James D. Mosteller III
    2. Mark Lee Maniscalco
    2 lawyer answers

    Deal with this attorney in writing, and if you're not quickly given your file, there is always the fee dispute resolution board at the Bar association and the client grievance process.

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  7. Punishment for burglary 1st degree

    Answered about 1 year ago.

    1. James D. Mosteller III
    2. Russell D. Hilton
    3. Daniel Nelson Deasy
    3 lawyer answers

    16-11-311, up to life imprisonment. He needs an attorney immediately.

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  8. Should I go to the court to stop additional funds or stop it myself.

    Answered almost 2 years ago.

    1. James D. Mosteller III
    2. Joseph Henry Sparacino
    2 lawyer answers

    I cannot think of any reason that she would be entitled to more than the sum awarded without her proceeding to court and demonstrating why. As long as you adhere to the letter and terms of the decree, you should be OK.

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  9. What is the best estate planning for real estate properties with co-ownership (in South Carolina) ?

    Answered over 2 years ago.

    1. James D. Mosteller III
    2. James P. Frederick
    3. Steven J. Fromm
    3 lawyer answers

    I agree with both attorneys below. Your in-laws should consult with an attorney on how to best structure this to accomplish their goals. There are a number of mechanisms which can work, including deeding the property outright, but reserving a life estate, putting the property into a company, and then gifting shares in the company in an amount that is under the annual gift tax, disposing of the property with a Will, or putting it into a trust. There are medicaid look back issues and gift tax...

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  10. I am an event planner and promoter. I promise to do a concert for a nonprofit organization.

    Answered about 2 months ago.

    1. Rebecca A. Seibert
    2. James D. Mosteller III
    3. Richard Glenn Elie
    4. Stephen Joseph Cipolla
    4 lawyer answers

    In addition to the comments of the other lawyers regarding civil liability, you should have concern about the criminal charges of obtaining money or goods under false pretenses.

    3 lawyers agreed with this answer

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