Claimed Lawyer ProfileQ&A
- Elder Law
- Estate Planning
- Family Law
- Insurance Claims
- Nursing Home Abuse
- Personal Injury
Jurisdictions Admitted to Practice
- South Carolina
- Charleston School of Law
- J.D. | Law
- North Carolina State University
- B.S. (1972) | Civil Engineering
- Greenville County Bar Association
- - Current
6 Questions Answered
- Q. Do I have to pay an attorney to get my inheritance?
- A: Your question is very general and depends on the specifics of your situation. I would suggest that you consult with a South Carolina probate attorney who can review the probate file with you and advise you of your rights to receive any inheritance. This answer is for general advice. It is not legal advice and does not create an attorney client relationship. For legal advice you have to retain your own attorney.
- Q. Both my parents died and they didn't have wills. They owned a car. Can I have the car put in my name?
- A: A South Carolina probate estate will have to be opened in order to transfer the title to a vehicle. Contact the probate court in the county where they resided for the requirements to open an estate. You will need an original of their death certificates and wills if they had a will. South Carolina does have a small estate procedure where the total value of the estate is less than $25,000.00. This answer is for general information only. It is not legal advice and does not create an attorney client relationship. For legal advice you have to retain your own attorney.
- Q. SC Divorce; Property entitlement
- A: Marital property includes all real and personal property the parties acquired during the marriage and owned as of the date of filing or commencement of marital litigation. S.C. Code Ann. § 20-3-630(A) (Supp. 2009). "The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership." Mallett v. Mallett, 323 S.C. 141, 150, 473 S.E.2d 804, 810 (Ct. App. 1996). "Upon dissolution of the marriage, property acquired during the marriage should be divided and distributed in a manner which fairly reflects each spouse's contribution to its acquisition, regardless of which spouse holds legal title." Id. The ultimate goal of apportionment is to divide the marital estate, as a whole, in a manner that fairly reflects each spouse's contribution to the economic partnership and also the effect on each of the parties of ending that partnership. Johnson, 296 S.C. at 298, 372 S.E.2d at 112. The division of property is an equitable one so you could ask the judge to consider the items purchased during the marriage regardless of the fact that his mother is on the title and it would be at the judge's discretion. This is not legal advice but simply general information. For legal advice please contact your own attorney.
Contact & Map