Probate Lawyer in Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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.

Shut the Dores: South Carolina scores sixth win in convincing victory over Vanderbilt

Nashville, Tenn.It is days like Saturday where Shane Beamer has to wish his team played an NFL schedule. Could they play until January? Maybe a 17-game schedule?Just a little more time. Please. Because for three straight games now, South Carolina has looked like one of the best teams in America.It has a bruising rushing attack that seems bound to pop a firework twice a game. It has a defense that looks like a bonfire inside a beehive — so much chaos in such little space. The Gamecocks are suffocating, relentless de...

Nashville, Tenn.

It is days like Saturday where Shane Beamer has to wish his team played an NFL schedule. Could they play until January? Maybe a 17-game schedule?

Just a little more time. Please. Because for three straight games now, South Carolina has looked like one of the best teams in America.

It has a bruising rushing attack that seems bound to pop a firework twice a game. It has a defense that looks like a bonfire inside a beehive — so much chaos in such little space. The Gamecocks are suffocating, relentless destructors. No. 24 Vanderbilt figured that out Saturday.

South Carolina (6-3, 4-3 SEC) came out of Nashville with a 28-7 win and became bowl-eligible for the first time in two seasons.

“It’s extra special tonight just coming off the (5-7) season we had last year,” Beamer said. “Very few people thought we would — I saw a lot of those preseason projections and they certainly didn’t have us winning six games this season.”

This Commodores (6-4, 3-3 SEC) are like the little engine that could. Led by their 6-foot, 207-pound quarterback Diego Pavia, they have already beaten No. 1 Alabama, Kentucky, Virginia Tech and were within a field goal of knocking off No. 5 Texas. This team makes magic. Leave the door open and you leave open the possibility of Pavia doing something insane to put his team back in the game.

Well, South Carolina kept that thing super-glued.

It shut out Vanderbilt in the first half, highlighted by a forced fumble and recovery by edge rusher Kyle Kennard in the red zone. In the second half, Pavia was phenomenal and found the end zone out of the gate. He had a spark. Then South Carolina turned over the Commodores on downs the next two drives.

It was over. And the stats don’t tell the whole truth.

Yes, the Gamecocks sacked Pavia just twice, but sadly there is no stat for how many times a quarterback has to retreat back 30 yards, spin out of a tackle then just heave the ball toward the moon. That seemed to occur about every other play Saturday.

“We hold the defense to a different-type of standard,“ linebacker Debo Williams said. “Like, they ain’t scoring. We’re mad they got seven (points).”

It was, yet again, another night where it felt like South Carolina’s defense could beat anyone in the country. Another night where the LSU and Alabama losses loom large because, if the Gamecocks won just one of those, they’d be in the playoff conversation.

Unfortunately, the time machine doesn’t exist. If it did, though, Rocket Sanders might be in the front of the line.

The Gamecocks running back, who transferred from Arkansas this offseason, dealt with injuries for the first part of the season and was just mundane. Heading into November, he had racked up just 426 yards on the ground. Some put the blame on his offensive line — and that’s fair — but Sanders lacked explosion.

Then came the bye week. Sanders said he spent hours on the Stairmaster, which doesn’t seem like the secret formula to the foundation of youth, but Sanders may have begun some studies. Since that bye week, he has totaled 270 rushing yards, 144 receiving yards and five total touchdowns.

“The key thing is trusting it,” Sanders said. “On the field, just trusting it. And being very coachable helped me out a lot.”

Against Vanderbilt, he made the Commodores defenders look like they were on the Stairmaster, averaging over 8 yards per carry. He was zigging and zagging his way all over the field, hitting the hole with an urgency and fierceness that was lacking early on.

South Carolina now has three more regular-season games and a bowl game remaining. If they win out, the Gamecocks will reach 10 wins for just the fifth time in school history. After these past two weeks, it doesn’t seem impossible.

This story was originally published November 9, 2024, 7:25 PM.

Shane Beamer talks Vanderbilt win, injuries, Top 25 ... and takes stand for Sir Big Spur

After a 28-7 win over Vanderbilt, South Carolina head coach Shane Beamer said he was proud of his team’s performance and spoke to the media following the game at FirstBank Stadium in Nashville.“Really, really proud of our football team coming into this stadium. This ain’t an easy place to play for a lot of reasons,” Beamer said. “To come in here against anot...

After a 28-7 win over Vanderbilt, South Carolina head coach Shane Beamer said he was proud of his team’s performance and spoke to the media following the game at FirstBank Stadium in Nashville.

“Really, really proud of our football team coming into this stadium. This ain’t an easy place to play for a lot of reasons,” Beamer said. “To come in here against another ranked team and have another three-touchdown win over an SEC team, to become bowl-eligible as well, to become the first South Carolina team since 2011 to win three SEC road games is a huge accomplishment. Just really, really happy for our guys.

“Everyone thought there’d be a letdown coming off last week. To come in here and know it was gonna be a tough, gritty, hard game just because of the way Vandy plays football — it’s really satisfying for us as a football team.

“We’ve got a lot more to accomplish in these next three games: our final SEC home game of the year, our final SEC game of the year next week back in Williams-Brice

“But awesome night tonight. And thanks to our fans, it sounded like Williams-Brice Stadium in there at times tonight. For it to be a sold-out crowd here at Vanderbilt, but the most noise was made by the Carolina fans throughout the night — best fans in the world and grateful for them.”

Beamer told reporters that starting safety DQ Smith “tweaked something” in pregame warmups and had to be replaced in the lineup by Peyton Williams. Starting offensive tackle Josiah Thompson was injured in the game and has a lower body issue, Beamer said. “I hope Josiah’s OK. I don’t think it’s anything serious.”

“I like the way that we responded to adversity, whether it be the defense when Vanderbilt was in scoring position ... we did a really good job,” Beamer said.

Vanderbilt pushed the ball to the USC 40-yard line or closer on three different occasions without putting points on the board.

“We’ve got a special group of guys, and that’s what I’m so excited about,” Beamer said, referring making a bowl game this year. “I mean, it’s like last year not going to a bowl game. And one of the biggest reasons is, obviously, we were 5-7.

“But not having another month with that team, because that team was so much fun to coach. So I just told the locker room, it’s so awesome that we get at least another month together as a football team after the end of the regular season.”

After defeating then-No. 10 Texas A&M in Williams-Brice Stadium last week, USC wasn’t placed on either the AP Top 25 or the College Football Playoff rankings, to the surprise of Beamer.

“The people that do the rankings don’t think we’re worth the crap, and that’s fine,” Beamer said. “Keep crapping on us. That’s the way we like it as well. Don’t rank us this week. We’re good where we are.

“We just like to just lay low and work really, really hard and come out and have fun on Saturdays as well.”

“I promised Sir Big Spur I would do this: Disappointed that Sir Big Spur’s not here. I think it’s ridiculous,” Beamer said. “This is the only place, apparently, in the SEC that doesn’t allow live mascots in the stadium.

“And that’s what makes this league special... The fact that LSU can have a freaking tiger at their stadium tonight, and we can’t bring Sir Big Spur.

“So Sir Big Spur came over and gave us a send-off before we left the facility yesterday, and I told him I would say hello to Sir Big Spur in the press conference. So, we miss you guys. Come off Vandy. Do better.”

Since Vanderbilt won’t let live mascots attend their games we went to campus to send off @GamecockFB today. I gave them a message to deliver. Go #Gamecocks!Leave no doubt!!!! pic.twitter.com/7rjypLNnMG
— Sir Big Spur (@2001sirbigspur) November 9, 2024

This story was originally published November 9, 2024, 8:40 PM.

Hilton Head Island football dominates Bluffton. Area teams advance in SCISA playoffs

A roundup of Friday night’s action as final week of regular season for public schools and first round of the SCISA playoffs.The Seahawks (8-2) wrapped up their most successful regular season in a decade with a dominating performance on Friday night.Hilton Head Island has won eight games for the first time since 2015 when it had a 10-win season. The Seahawks will host a first-round playoff game in the 4A playoffs next week.Seahawk running back Troy Timko rushed for 270 yards and three touchdowns. Thaddeus Czarnecki ...

A roundup of Friday night’s action as final week of regular season for public schools and first round of the SCISA playoffs.

The Seahawks (8-2) wrapped up their most successful regular season in a decade with a dominating performance on Friday night.

Hilton Head Island has won eight games for the first time since 2015 when it had a 10-win season. The Seahawks will host a first-round playoff game in the 4A playoffs next week.

Seahawk running back Troy Timko rushed for 270 yards and three touchdowns. Thaddeus Czarnecki added 127 yards and a TD. QB Derrick Raniszewski threw a TD pass and ran for one.

Carson Haines caught three passes for 63 yards and a TD.

Bluffton also will be in the Class 4A playoffs.

Owen Mayers threw a TD pass and ran for one as the Barons defeated JP2 in the first round of the SCISA 3A playoffs.

Jackson Bonser kicked three field goals for Wilson Hall.

Alan Wolf had a TD run and Connor Brown threw a TD pass to Jackson Sanders for the Warriors’ scoring.

Quarterback Reid McCollum threw three touchdown passes and ran for three as HHCA defeated Florence Christian in the first round of the SCISA 3A playoffs.

Hilton Head Christian will travel to Wilson Hall in the semifinals next week.

Sam Strum caught two TD passes and Harry Cunningham had one for HHCA.

Tony O’Banner ran for three touchdowns and Kiran Boggs threw two touchdown passes as the Rebels advanced in the SCISA Class A playoffs.

THA will host Dorchester Academy next week.

Nicolas Robinson and Donovan Robinson each had TD runs for THA. Gibson also returned a fumble for a touchdown.

Ridgeland finished off a win in the game that was suspended in October and made up on Friday night.

Ridgeland will host a first-round game against Scott’s Branch next week.

Regular season

Abbeville 48, McCormick 6

Batesburg-Leesville 8, Strom Thurmond 7

Blackville-Hilda 35, Ridge Spring-Monetta 12

Boiling Springs 41, Eastside 0

Cane Bay 28, Berkeley 23

Carolina Forest 49, North Myrtle Beach 24

Chapin 35, White Knoll 34

Chesnee 47, Blacksburg 13

Christ Church 34, St. Joseph’s 14

Clinton 42, Liberty 22

Conway 49, St James 35

Daniel 42, Seneca 21

Dutch Fork 24, Irmo 14

Fairfield Central 45, Mid Carolina 13

Fountain Inn 35, Laurens 14

Gaffney 27, Spartanburg 24

Greenville 49, Easley 21

Greenwood 35, Mauldin 13

Greer 51, Travelers Rest 0

Hilton Head Island 42, Bluffton 7

JL Mann 35, Woodmont 6

Mountain View Prep 48, Union County 7

Myrtle Beach 35, Socastee 23

Newberry 33, Silver Bluff 21

North Augusta 20, Gray Collegiate 17

Palmetto 57, Carolina High and Academy 6

Pendleton 26, Blue Ridge 0

Pickens 52, Berea 0

Powdersville 44, Southside Christian 0

River Bluff 24, Lexington 10

Riverside 44, Wade Hampton 20

Saluda 57, American Leadership Academy 0

Stratford 21, Goose Creek 14

Sumter 49, Ridge View 6

TL Hanna 43, Hillcrest 21

Ware Shoals 36, Whitmire 34

West Florence 53, Spring Valley 12

Westside 61, Southside 0

Woodruff 35, Broome 14

Wren 42, Emerald 25

Thursday

Gilbert 52, Aiken 7

South Aiken 40, Airport 27

SCISA Playoffs

Class 4A

Hammond 35, Cardinal Newman 6

Augusta Christian 17, Ben Lippen 7

Porter-Gaud 44, Heathwood Hall 13

Northwood 49, Laurence Manning 20

Class 3A

Wilson Hall 25, John Paul II 14

Hilton Head Christian 42, Florence Christian 7

Pinewood Prep 49, Trinity Collegiate 13

Northside Christian 53, First Baptist 28

Class 2A

Pee Dee Academy 56, Spartanburg Christian 19

Greenwood Christian 28, St. John’s Christian 14

Calhoun Academy 42, Hilton Head Prep 27

Bethesda 36, Orangeburg Prep 0

Class A

Thomas Heyward 55, Lee Academy 12

Dorchester 45, Colleton Prep 7

Williamsburg Academy 55, Patrick Henry 6

Beaufort Academy 23, Carolina Academy 21

8-Man

Richard Winn 51, Newberry Academy 16

Wardlaw 46, Holly Hill 44

Jefferson Davis 46, WW King 22

Laurens Academy 56, Cross Schools 22

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