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J. Ashley Twombley

J. Twombley’s Answers

55 total


  • How do I get POA for my elderly mother back from my sister?

    My father gave me POA for himself and my mother when he became ill. When my mother couldn't care for my father anymore, my sister was hired by my mother to come and care for them. They are currently living in a very nice rental home. My sister is ...

    J.’s Answer

    You have several options here, but I suggest you get to a lawyer quickly. Now that your sister has a POA she has the legal authority over and access to your mother's money. If your mother is incapacitated, you need to have a conservatorship established which would invalidate the POA your mother gave to your sister and put a conservator in charge. You could apply to be the conservator. Act quickly on this one.

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  • An oopsie on the Dr's part or a lawsuit/negligence case?

    Need guidance…my husband went through a spinal cord stimulator procedure March 12th, to help relieve the pain he suffered with Arachnoiditis. During that procedure, the Dr hit his spinal nerve not once but 2 times, which immediately caused the wor...

    J.’s Answer

    Based solely on your email, this sounds like a strong case, however, I think you need to talk with a lawyer as soon as you can. Ultimately another doctor with similar qualifications will have to look at the medical records and tell you if the doctor at issue breached the standard of care bu hitting the nerve. A medical malpractice doctor can help you with that. Find a good medical malpractice lawyer and go sit down and talk with him/her.

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  • Family died in results being taser by pd in state south Carolina, hired lawyer that never filed and federal judges dismissed

    case without prejudice for victim family too hired another attornery we need help we still can't get help we need. Please reply

    J.’s Answer

    I would be happy to talk with you about the case. Please call my office to make an appointment. 843-982-0100

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  • Survival benefits

    In 2006 after being married for 5 years my wife past away...2 days before her death her disability claim was approved. .for her to start receiving her benefits. ....where do the husband myself stand on this..I heard so many different things do t...

    J.’s Answer

    This all depends on the precise terms of the disability policy. You need to obtain a copy of the actual policy and review it carefully.

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  • My husband had property he purchased with his sister. My husband died, and left everything to his me.

    The sister has since sold the property and kept everything for herself. She said my husband owed her money, but has not shown any proof. Does the money go to her or myself and my son. She has no intentions of sharing with us.

    J.’s Answer

    You need to contact a lawyer. Based upon what you wrote in your question, you are entitled to your share of the sale proceeds. You may also have a cause of action against other individuals who may have facilitated the improper sale.

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  • How can I obtain a copy of my grandmothers will?

    My grandmother died March 22, 2014. She had told me her wishes in her will. My uncle was executor of the will. I was contingent executor. Land and house were to be sold and split 5 ways between 3 children and 2 grandchdren. Recently land has been ...

    J.’s Answer

    Call a lawyer ASAP. You have lots of options. A lawyer can help you determine the best route to take.

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  • If I have opened a probate case in the last two weeks can it be stopped and go with a "small estate"?

    I opened probate on my fathers estate, not knowing he had nothing. Can I go back and stop this and just do a small estate or will I have to follow through with the entire probate process now?

    J.’s Answer

    Each probate judge in South Carolina will handle this particular situation differently. I would go meet with the probate court judge (or one of his staff) in Anderson and tell him/her that you have discovered that the estate has no assets and ask him/her how he would prefer you handle closing the estate. In my opinion, this is the best way to handle this.

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  • My dad owns a trailer in sumter sc valued at 33000. His current wife just passed. As far as the house goes what do I need to do

    Me and my brother dont talk and he was overseeing my late fathers arrangements. I think he's hidding thing's from me. What should I do

    J.’s Answer

    The answer to this question depends on whether or not your father had a will or died without a will. It also depends on what other assets your father owned at the time of his death. There are too many different secnarios to cover here without more information. You should probably go see a lawyer and let him/her give you some guidance.

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  • What is the difference of successor power of attorney and attorney e y in fact ?

    My brother wants our mother to give us power of attorney. He has drawn up forms to be signed listing him as successor attorney and myself as attorney in fact. What is the difference ?

    J.’s Answer

    The successor attorney in fact is the person who takes over if the initial attorney in fact can no longer serve. Assuming your question is drafted correctly, the attorney in fact would be you, and if you could no longer serve (per the terms of the document) your brother would take over.

    Powers of attorneys are significant and should not be given or received lightley.

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  • I have a question regarding a supposed "lost" will from my grandmother's estate?

    My grandmother paid a large down payment on a house and financed it under her name for me to live in. I pay the mortgage payments. My grandmother verbally told me that the house would be mine when she passed. Sadly, she passed several days ago, an...

    J.’s Answer

    You definitely need to contact a South Carolina probate attorney. There are not short or quick answers to your questions. However generally the mortgage goes along with the real property unless otherwise specified in the will. Again I would encourage you to consult an attorney.

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