Probate Lawyer in Charleston, SC

If there's one thing that most families can agree on, it's that losing a loved one is tough. It's a grief-stricken time often filled with sleepless nights and free-flowing tears. Between notifying friends, planning funeral services, and working through your own emotions, the thought of Estate Administration is the last thing on your mind. But you know something must be done. You feel obligated to do something about your family member's estate but aren't sure how to proceed or when to do it. You're probably wrestling with hard-to-answer questions like:

What Happens with My Loved One's Estate?
What Happens During the Estate Administration Process?
How Long Will It Take?
Do I Receive Compensation for My Time?
What State is Probate Taking Place?

That's where Cobb Hammett comes in - to help guide you through the complicated processes of probate court in South Carolina. Because the truth is, probate can be confusing and intimidating if you're ill-equipped to deal with the court's procedures and inner workings. There is legal paperwork to draft and file, petitions to publish, notices to serve, bonds to file, and a long list of rules that you must adhere to during this time. With a probate lawyer in Charleston, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.

Service Areas

What is a Probate Attorney in Charleston, SC?

When someone passes away, their assets have to be distributed according to South Carolina state laws and the directions in their Will. Your probate lawyer will be a significant source of help in this regard, as they will guide an executor of a Will or Beneficiaries of an estate through the often-confusing probate process. From identifying notating estate assets to distributing inheritances, your probate attorney is a crucial partner during this difficult time in your life.

At Cobb Hammett, our probate attorneys understand that when a client's loved one dies, they need a caring presence by their side. But they also need a confident source of knowledge that can act on their behalf as they grieve. That's why, given the complex nature of probate law, it's a good idea to have a trusted attorney on call who can settle an estate and handle the nuanced issues that arise in probate court.

Walk You Through the Aspects of Your Probate Case
Prepare and File All Necessary Paperwork by the Mandated Deadlines
Help You Stay Abreast of Requirements and Responsibilities
Identify Estate Assets
Help Pay Debts and Bills
Transfer Assets to the Appropriate Parties
Assist with Estate Disputes
Resolve Income Tax Issues
Advise You of Your Rights
Remain Prepared and Organized to Help Reduce Your Stress

Administering a decedent's estate can be a long, arduous process. That's especially true if disputes are involved with Beneficiaries. When you consider the chances of being held liable for decisions you make as a Personal Representative of an Estate, working with a probate lawyer from Cobb Hammett Law Firm just makes good sense.

About The Cobb Hammett Law Firm Difference

As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.

But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.

It stands to reason, then, that you should hire a probate lawyer in Charleston, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at Cobb Hammett, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.

We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.

But that's just one aspect that sets Cobb Hammett apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.

Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.

Our attorneys love probate and estate-related legal services, including but not limited to the following:

Estate Administration

When our probate lawyers assist with Estate Administration, our team prioritizes efficacy and efficiency to ensure all tasks are accomplished correctly and on time. That way, our clients endure less stress while looking good in front of family members.

Estate Disputes and Litigation Cases

When an Estate is disputed and requires litigation, Cobb Hammett probate attorneys fight to win on our client's behalf. From holding unfaithful Executors accountable to contesting Wills, our team searches for the best way to achieve our client's goals.

Trust Administration

Things get more complicated in probate cases where Trusts are involved. To ensure that the terms of the Trust are met and handled correctly, our team works closely with clients to advise them on how to proceed.

Trust Disputes and Litigation Cases

Every Trust is different. By proxy, every Trust dispute must be handled in a unique manner. After a careful analysis of the Trust and South Carolina law, our team will determine the best strategy to achieve our client's goals.

Understanding The Probate Process in South Carolina

When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Charleston, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

Steps to the Probate Process in South Carolina

Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.

Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.

Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.

Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.

Avoiding Probate in South Carolina

Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.

Assets subject to probate in South Carolina include:

Interest in an LLC, Partnership, or Corporation
Real Estate Held as a Tenant in Common
Property Held in Only the Deceased's Name

Assets that are not subject to probate in South Carolina include:

Assets Placed in a Trust
Assets Which Are Already Tied to a Beneficiary
Pension Plan Assets
Insurance Policies with Beneficiaries
Beneficiaries of Retirement Funds
Real Estate or Property with Right of Survivorship
Real Estate or Property with Joint Tenancy
Accounts That Are Transferable or Payable Upon Death

Avoiding Probate: Yes or No?

Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.

Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Charleston, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

Does the deceased have a valid will?
Is the Estate complex or large?
Is the Will contested?
Have any lawsuits been filed?
Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Charleston, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.

What happens when somebody dies without a will in South Carolina?

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

Living Spouse
Children or Grandchildren
Parents
Brothers or Sisters

Grandparents
Uncles and Aunts
Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than Cobb Hammett Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

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A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At Cobb Hammett, LLC, our team of experienced probate lawyers in Charleston, SC, can help you navigate the entire Estate Administration process. Through creative legal strategies and a clear understanding of your goals and desires, we work together to make your asset and estate visions a reality. It's never too early to get your estate in order. In fact, estate planning is important for everyone, whether you're single or married, young or old, with or without children. If you're ready to protect your assets and be prepared for probate, contact Cobb Hammett, LLC, today.

‘We should play every year:’ After hiatus, USC and CoC play entertaining exhibition

CHARLESTONSouth Carolina played a baseball game against the College of Charleston on Thursday. And really, it shouldn’t be a big deal. But time transforms small things into big things.It’s why a few months ago, Charleston coach Chad Holbrook sat in his office and looked like a man who had just been told a great-great uncle he never met left him a hefty inheritance. In shock, he told everyone that new South Carolina co...

CHARLESTON

South Carolina played a baseball game against the College of Charleston on Thursday. And really, it shouldn’t be a big deal. But time transforms small things into big things.

It’s why a few months ago, Charleston coach Chad Holbrook sat in his office and looked like a man who had just been told a great-great uncle he never met left him a hefty inheritance. In shock, he told everyone that new South Carolina coach Paul Mainieri had not just agreed to play his squad, but USC would come to Charleston for an exhibition.

“I think there was a hesitation because I think Chad fell off his chair and he had to pick himself up. He said, ‘Are you serious?’ ” Mainieri said. “I just noticed on the schedule that the College of Charleston hadn’t been on for a couple years and I didn’t really understand why.”

The answer made even less sense after Thursday. After 3,412 folks bought tickets for a fall scrimmage at Joseph P. Riley Jr. Park, home of the Charleston RiverDogs. After CoC beat its Division I counterparts to the northwest, 12-11.

It was the first time South Carolina baseball played the College of Charleston since 2018 — a 9-0 CofC win in Holbrook’s first year as Cougars coach. The last time the Gamecocks played the Cougars in the Lowcountry was in 2013, Holbrook’s first season as the head coach at South Carolina. (USC won that game 3-1.)

Before taking over the Gamecocks program, Holbrook served on coach Ray Tanner’s staff for four seasons — including the 2010 and 2011 national championship campaigns. In that time, Holbrook said, Tanner shared a philosophy.

“Hey, you’re the head coach at South Carolina,” Holbrook said Tanner told him. “You should play all the teams in the state of South Carolina.”

“He thought it was his responsibility as the flagship university in the state,” Holbrook said. “I hope we’re back on that. I think Paul agrees with Coach Tanner in that regard: ‘We’ll play South Carolina any time we can.’ ”

Mainieri seemed to enjoy the experience, just not the final outcome. He is one for using his platform as an SEC head coach to lift up smaller programs. A few weeks ago, Air Force — where Mainieri coached from 1989-94 — came to Founders Park for a unique fall exhibition.

Though South Carolina had released its full non-conference schedule, it was announced Thursday that the Gamecocks and Cougars will meet again on Tuesday, March 18 at Segra Park in Columbia.

And just like Thursday, it won’t be a guaranteed victory for the Gamecocks. Last season, College of Charleston went 41-14 but was left out of the NCAA Tournament.

“I wanted to play as good a team as we could find,” Mainieri said. “And I thought College of Charleston was a great team. I know how much Chad appreciated that we came over here.”

Holbrook joked that he came into the scrimmage with this plan for all the pitchers he wanted to use and a real solid idea about how to use the exhibition to help his squad.

Then he got into the sixth inning. The Cougars hit two home runs, scored seven runs and led 10-5. Holbrook’s plan flew to the Charleston wind.

“Oh, the hell with that. You’re trying to win,” Holbrook said with a grin.

South Carolina provided drama in the ninth inning, with a two-run Evan Stone home run that put the Gamecocks down one with one out to spare. They couldn’t pull out the miracle.

Will Tippett grounded out. CoC second baseman Ethan Plyler snatched the ball and spiked it into the dirt, letting out a primal scream. A few Cougars sprinted out of the dugout like this was a win in May.

Don’t tell them Thursday was just an exhibition, perhaps answering a question that should have never been asked.

“Yes,” Holbrook said, “we should play every year.”

This story was originally published November 7, 2024, 10:41 PM.

Charleston maritime partners calling on community to help fill shipping container with toys for SC foster children

| Nov 07 2024 at 11:30 AM | Ports & TerminalsSC Ports, the International Longshoreman’s Association, Coalition 18 and the Maritime Association of South Carolina are partnering again this year to fulfill the holiday wish lists of South Carolina foster children.Charleston’s maritime community is encouraging its partners, businesses and area residents to donate to the Maritime Toy Drive with the goal of filling a 40-foot...

| Nov 07 2024 at 11:30 AM | Ports & Terminals

SC Ports, the International Longshoreman’s Association, Coalition 18 and the Maritime Association of South Carolina are partnering again this year to fulfill the holiday wish lists of South Carolina foster children.

Charleston’s maritime community is encouraging its partners, businesses and area residents to donate to the Maritime Toy Drive with the goal of filling a 40-foot ONE shipping container with toys by Dec. 13. Donations will be distributed to foster children in South Carolina by the S.C. Department of Social Services.

This is the maritime community’s third annual toy drive in Charleston. These efforts have collected thousands of toys for foster children in South Carolina.

“SC Ports is dedicated year-round to connecting with local communities and giving back to our citizens,” SC Ports President and CEO Barbara Melvin said. “South Carolina’s maritime community is teaming up again to make the holidays brighter for foster children in our state. We encourage people and businesses to join us in supporting such a wonderful cause.”

“The International Longshoremen’s Association Local 1422, Local 1422-A and Local 1771 believe in service and giving back to our community,” said Yvette Flowers, Secretary Treasurer of ILA Local 1422. “We hope others in the Lowcountry will join our maritime community and support South Carolina children this holiday season.”

“The trucking community delivers goods to homes and businesses every day, and we are proud to participate in the Maritime Toy Drive to give back to children who are so deserving of happy holidays,” said Juan Gordon, president of trucking organization Coalition 18. “We want to inspire the community to go even bigger this year. Every little bit counts.”

"Collaboration and community service are at the heart of the maritime industry," said Taylor Jackson, President and CEO of the Maritime Association of South Carolina. "We're honored to support this meaningful initiative and invite others to join us in making a lasting impact on the lives of South Carolina children during this season of generosity."

How to donate:

Please bring unwrapped toys to SC Ports headquarters (200 Ports Authority Drive, Mount Pleasant, SC), or purchase toys online through the wish lists below. When checking out, please make sure to select the gift registry shipping address.

• Amazon Gift Wish List

• Target Gift Wish List

• Walmart Gift Wish List

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South Carolina Stingrays Partner with Mercedes-Benz Vans Charleston to Launch "Sprinting Forward, Winning for Stem" Initiative

November 7, 2024 - ECHL (ECHL)NORTH CHARLESTON, S.C. - The South Carolina Stingrays are proud to announce a new partnership with Mercedes-Benz Vans Charleston for the 2024-25 hockey season. Together, they are launching the "Sprinting Forward, Winning for STEM" initiative to support STEM (Science, Technology, Engineering, and Mathematics) education in the Lowcountry.For every Stingrays victory this season, Mercedes-Benz Vans...

November 7, 2024 - ECHL (ECHL)

NORTH CHARLESTON, S.C. - The South Carolina Stingrays are proud to announce a new partnership with Mercedes-Benz Vans Charleston for the 2024-25 hockey season. Together, they are launching the "Sprinting Forward, Winning for STEM" initiative to support STEM (Science, Technology, Engineering, and Mathematics) education in the Lowcountry.

For every Stingrays victory this season, Mercedes-Benz Vans Charleston will pledge $100 towards a scholarship fund that will be awarded to a local teacher or school. This scholarship will help provide essential equipment and materials for STEM education in the classroom, furthering the community's commitment to empowering the next generation of innovators.

The initiative will be celebrated as part of the Stingrays' annual STEM Night, which engages students and families in hands-on learning activities. This year's STEM Night will take place on March 21, 2025. By tying each Stingrays win to a positive impact on education, the "Sprinting Forward, Winning for STEM" program will bring added excitement to every game while making a lasting difference in local classrooms.

"The partnership was a natural integration for our STEM Night," said Kerri White, Stingrays Vice President of Corporate Partnerships. "The initiative provides an opportunity to further connect our fans with Mercedes-Benz Vans Charleston and showcase their impact in the community."

This partnership aligns with Mercedes-Benz Vans Charleston's broader corporate responsibility platform, Sprinting Forward, Giving Back, which focuses on supporting the communities in which they operate.

"At Mercedes-Benz Vans Charleston, we are proud to strengthen our commitment to the communities we serve through this exciting partnership with the South Carolina Stingrays. The 'Sprinting Forward, Winning for STEM' initiative is more than just a sponsorship; it's a tangible investment in the future of our children and the industries that will shape tomorrow. By supporting STEM education in the Lowcountry, we are fostering the next generation of innovators, problem-solvers, and leaders. Together with the Stingrays, we are not only cheering for victories on the ice but also empowering educators and students with the tools they need to succeed in a rapidly evolving world," said Axel Bense, President & CEO of Mercedes-Benz Vans Charleston.

Check out the South Carolina Stingrays Statistics

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The opinions expressed in this release are those of the organization issuing it, and do not necessarily reflect the thoughts or opinions of OurSports Central or its staff.

Charleston County residents make voices heard on half-cent sales tax vote

Listen to this articleAfter months of ‘Vote Yes’ and ‘Vote No’ throughout Charleston County, residents overwhelmingly voted against passing a third transportation sales tax with about 60% voting no.As the 2004 half-cent sales tax reaches the end of its timeframe,...

Listen to this article

After months of ‘Vote Yes’ and ‘Vote No’ throughout Charleston County, residents overwhelmingly voted against passing a third transportation sales tax with about 60% voting no.

As the 2004 half-cent sales tax reaches the end of its timeframe, this tax was proposed to replace it, leaving people paying no more than they were previously. The sales tax would have generated funds for over a dozen infrastructure projects including the long-debated Interstate 526 extension — deemed a priority by the Charleston County Council and Charleston Mayor William Cogswell.

The extension, also known as the Mark Clark extension, has been in planning for nearly 40 years and was planned to receive the most funding from the tax. Other projects the tax was intended to fund included:

Hesitation for the approval of the sales tax focused primarily on environmental concerns for marine life and various bodies of water, as well as impacts on small businesses along its path. Faith River James, executive director of the Coastal Conservation League, said there are other ways to solve the traffic issues in the area.

“We are so proud of Charleston County voters standing up for the environment in our community,” James said. “One of our opportunities now is to move forward with traffic solutions that will enhance the way of life for folks who are living on Johns and James islands.”

James said that the CCL intends to focus their efforts on more small-scale solutions to better traffic flow as well as safety measures. Additionally, they plan to contribute to completing the 2016 referendum project list such as the Main Road Corridor in Johns Island.

In July, the CCL filed a lawsuit with the Southern Environmental Law Center against the county regarding the language of the options on the ballots about the tax. The lawsuit was dismissed after the election and James said the legal team will look back into it soon.

“It was definitely a team effort, it was a successful grassroots campaign, and I think the people of Charleston spoke very loudly,” James said. “We hope council will hear their concerns and give us an opportunity to come back to the table to work on traffic and safety solutions.”

Charleston County Councilwoman Jenny Honeycutt said that since the tax wasn’t approved, the projects it was intended to fund will not go through at this time. She said Charleston does have a contract with the state to complete the Mark Clark extension so how to do it will be further discussed.

Honeycutt said the state views Charleston as self-sustaining, so it doesn’t typically send as much funding for projects such as these.

“This does not mean that the problems we were trying to solve don’t exist anymore,” Honeycutt said. “We will continue to look for solutions to solving those problems, mainly the impact that rapid growth has had on our region and keeping pace with infrastructure to address those needs.”

This story has been updated.

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