Did you know that one in two U.S. citizens have yet to create a plan for their estate? Just about everyone knows they need to get their affairs in order, but most people procrastinate when it comes to estate planning. It's an uncomfortable subject to think about. After all, nobody wants to ponder their death and what happens to their assets when they pass. However, working with an estate planning lawyer in Awendaw, SC, protects you, your loved ones, and your assets, both while you're alive and after you have died. There isn't a perfect time to plan your estate, but there is a right time and that time is now.
We understand that there is no "one-size-fits-all" solution to your estate planning needs. That's why, at Cobb Hammett Law Firm, we make a concerted effort to speak with our clients personally so that we can create an estate plan that is as unique as they are. Our estate plans are comprehensive, cost-effective, and catered to you. That way, your family is provided if you are incapacitated or pass away.
At the end of the day, our goal is to make sure that every one of our clients leaves our office feeling less stressed and more informed. Peace of mind is valuable currency these days. Why worry about the future of your loved ones when you can use South Carolina law to ensure their stability?
Many of the clients in Awendaw, SC that walk through our doors have significant questions that require serious answers. They're filled with doubt, stress, and worry. They're worried about their children, their spouse, their relatives, or all the above. They ask questions like:
If these questions sound familiar, know that you are not alone. At Cobb Hammett Law Firm, we have worked with hundreds of clients just like you. Sometimes, these clients are unsatisfied with their current estate planning attorney in Awendaw, SC. Other times, they have been served with confusing papers or documents that leave them feeling overwhelmed. In either case, clients come to our office knowing they need to manage what is often a sudden, foreign situation.
The good news? We sit down with all new clients for an hour at no extra cost. We do so to get a basic sense of their situation and help steer them in the right direction. That way, they can leave our office feeling a little wiser and a lot better about the future.
Our firm specializes in several areas of estate planning and family law, including:
At Cobb Hammett, LLC, estate planning is like second nature to us. Having worked hundreds upon hundreds of cases, we have the knowledge and experience to assist with all the estate planning needs that you or your family have.
As our client, you will always work directly with your attorney. We do not pass cases off to paralegals or junior associates. Because your concerns and questions don't end when our office closes, we encourage our clients to contact us at any time.
Because we limit the number of cases we accept, we have the time and resources to truly dedicate ourselves to each of our clients. Unlike some competitors, we care about the outcome of every case because we know that our clients' future depends on it.
The word "estate" might make you think of a sprawling mansion in the French countryside. The truth is, you don't have to be rich to have an estate. In fact, most people already have an estate. An estate comprises the assets that a person owns like cars, bank accounts, real estate, businesses, and other possessions. Everyone's estate is different, but we all have one thing in common: none of us can take our estates with us when we die. When that does eventually happen, you will need legal instructions that state who gets what from your estate in plain terms.That, in a nutshell, is estate planning building a framework in advance that names the organizations or people that should receive your assets after you die. Planning your estate now helps make life much easier for your family down the line.
Contrary to popular belief, estate planning isn't just for adults who are approaching retirement age. Estate planning is for everyone. After all, we're all getting older, and none of us know exactly when it will be our time to go.
Although estate planning can be complicated, a well-rounded plan makes a huge difference in what is left to your beneficiaries. Before you start planning your estate, it's important to know a few common topics that may arise as you detail your needs.
Working with a veteran estate planning lawyer is a no-brainer, but you should consider working with a tax advisor too. Your attorney's role is to help guide you through the creation of your estate planning documents. Common documents include your will, health care directives, and power of attorney. Your tax advisor will help guide you through tax issues associated with your estate planning needs.
In this relationship, you make the decisions while your attorney and tax advisor help you understand and think through the options you're considering. As a team, they will help you state your wishes clearly while minimizing mistakes and adjusting your plans as they change. Because significant savings can result from thorough, informed planning, you should seriously consider working with a tax advisor in addition to your estate planning attorney.
If there were one overriding theme of estate planning, it would be maximizing what you plan to leave behind. Thinking through how each of your assets will be distributed is crucial to your estate. Your decisions may change depending on the type of asset, its size, how old you are, and several other factors. With an attorney on your side, you will gain a thorough understanding of what actions you should take to care for your family while minimizing expenses like taxes and court fees.
One of the biggest parts of maximizing what you're leaving behind is to minimize taxes. Federal taxes on estates and gifts are incredibly high. Both forms of taxes usually have exemption limits, which means you can give up to a specific amount without being taxed. Your lawyer can achieve that by using the gift tax exemption to move assets while you are still alive. This strategy maximizes how much your beneficiaries will receive.
Inheritance taxes are often based on the value of your estate and paid prior to asset distribution to your beneficiaries.
The executor of your estate plays a key role in your affairs. Their responsibilities include carrying out the terms of your will and seeing the estate settlement process through until the end. Obviously, such a role demands a qualified person. Choosing your executor isn't an easy decision. The person you select should be great at managing money, be savvy financially, and show an ability to be patient. That's because the executor is tasked with:
If the person that you choose as executor is inexperienced with the estate settlement process, it is recommended that they lean on an estate planning attorney in Awendaw, SC for guidance. It should be noted that you may appoint more than a single executor to your estate. This is common when two individuals have complementary personalities or skill sets.
One of the biggest benefits of planning your estate is the peace of mind it brings to you and your family. With the help of our expert estate planning attorneys, you have the power to protect your assets, privacy, and children's welfare. You can also potentially save money on taxes or even avoid probate. By having your wishes legally documented before death or incapacity, you can minimize any impact on your beneficiaries and take control of your legacy. Without a comprehensive estate plan, you're leaving the future of your loved ones in the hands of the South Carolina court system.
With an estate plan in place, you can plan for incapacity by using a power of attorney or advanced medical directives. Doing so relieves your loved ones of the burden of asking the court for the authority to fulfill your wishes.
At Cobb Hammett Law Firm, we are committed to helping you prepare for both the expected and unexpected through years of experience and a fierce dedication to our clients. From establishing trusts to designing business succession plans, we are here to fight for you.
If a husband and wife each purchase reciprocating will packages we give a discount. Reciprocating just means the husband names the wife and the wife names the husband. Those four documents are:
As mentioned above, everyone's estate planning needs will be different. However, most plans include one or more of the following documents:
Your will is an essential piece of documentation and is often considered the cornerstone of a proper estate plan. Generally speaking, your will is a document that dictates the distribution of your assets after your death. Having an iron-clad will is one of the best ways to make sure that your wishes are communicated clearly. As is the case with most estate planning, it is highly recommended that you work with an estate planning attorney in Awendaw, SC, to create and update your will.
The contents of a will typically include:
Without a will in place, the State of South Carolina will decide how to distribute assets to your beneficiaries. Allowing the state to distribute your assets is often an unfavorable route to take, since the settlement process may not include what you had in mind for your survivors. Having a will drafted that reflects your wishes will prevent such a situation from happening.
Despite its name, a living will does not instruct your survivors on what assets go where. Also called an advanced directive, your living will allows you to state your end-of-life medical wishes if you have become unable to communicate. This important document provides guidance to family members and doctors and solidifies certain issues like whether you should be resuscitated after an accident.
For example, it's common to direct that palliative care (care to decrease pain and suffering) always be administered if needed. Conversely, you may state that certain measures are not allowed, like CPR.
Traditionally, a trust is used to minimize estate taxes and maximize other benefits as part of a well-rounded estate plan. This fiduciary agreement lets a trustee hold your assets on behalf of your beneficiaries. There are many ways to arrange a trust to specify when and how your assets are distributed.
With a trust in place, your beneficiaries can avoid going to probate. That means they may be able to gain access to your assets quicker than when they are transferred with a standard will. Assets placed in a trust can pass outside of probate, which will save you and your family time, money, and stress.
There are two distinct trust categories that you should be aware of: revocable and irrevocable.
Also called a living trust, a revocable trust helps assets circumvent probate. With this trust, you can control your assets while you are still alive. These trusts are flexible and may be dissolved at any point in time. This type of trust becomes irrevocable upon your death. Revocable trusts can help you avoid the pitfalls of probate but be aware that they are usually still taxable.
This kind of trust transfers assets out of your estate so that they are not taxed and do not have to go through probate. However, once an irrevocable trust has been executed, it may not be altered. That means that once you establish this kind of trust, you lose control of its assets and cannot dissolve the trust. If your primary goal is to avoid taxes on your estate, setting up an irrevocable could be a wise choice.
When drafted with the help of an estate planning lawyer in Awendaw, SC, your trust can also:
When constructed properly, a trust can protect your estate from your heirs' creditors. This can be a huge relief for beneficiaries who might need to brush up on money management skills.
Probate records are made available for public consumption. With a trust, you may have the choice of having your assets pass outside of probate court so that they remain private. In the process, you may also save money that you would lose to taxes and court fees.
Because you can specify the exact terms of a trust, you have more control over who receives your assets and when they receive them. As an example, you can set up a revocable trust so that your assets are attainable while you're alive. When you pass, remaining assets are distributed, even in complex situations involving children from multiple marriages.
If you know that you need to provide for your family and loved ones after your death, it's time to develop your estate plan. With Cobb Hammett Law Firm by your side, planning your estate doesn't have to be difficult. However, it does need to be accurate and executed exactly to your wishes something that we have been helping clients achieve for years. Don't leave your legacy up to chance contact our office today and secure your future generations.
CONTACT USAWENDAW — Drive north on U.S. Highway 17, past the shopping centers and subdivisions, and you’ll come to a small town that sits at the proverbial crossroads of South Carolina’s most-pressing environmental issues. Here the Milky Way still shines at night, the wetlands teem with life, and the trees grow dense enough to create a near-perpetual dusk in the forest below.But as Charleston County is reshaped by a fast-growing population and rising seas, the future of Awendaw and its wild spaces is in an uneasy limbo, and th...
AWENDAW — Drive north on U.S. Highway 17, past the shopping centers and subdivisions, and you’ll come to a small town that sits at the proverbial crossroads of South Carolina’s most-pressing environmental issues. Here the Milky Way still shines at night, the wetlands teem with life, and the trees grow dense enough to create a near-perpetual dusk in the forest below.
But as Charleston County is reshaped by a fast-growing population and rising seas, the future of Awendaw and its wild spaces is in an uneasy limbo, and there’s no easy path towards a solution.
In this small town, anxieties about over-development collide with increased flooding, leaky septic tanks and the threat of wildfires. All of those issues are playing out in a town wedged between two of South Carolina’s most-diverse ecosystems: the Francis Marion National Forest and Cape Romain National Wildlife Refuge.
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As the U.S. government changes the playbook for federal land management — the Trump administration plans to increase logging in Francis Marion and has cut federal positions across South Carolina — Awendaw is literally caught in the middle.
“We’ve got the Department of Agriculture on the west, the Department of Interior on the east, and this oddly-shaped town of Awendaw is the gateway between those two,” said recently-elected Mayor Chris Crolley.
Awendaw’s adaptation strategy largely depends on nature-based, green solutions and ordinance overhauls, he said. The town recently became the second community in South Carolina to adopt a local wetlands protection ordinance in response to the Trump administration’s plan to deregulate previously-protected areas.
In Awendaw, Blake Scott sees a developing “road map” for other communities.
“ I see Awendaw as a perfect example of conservation on the human scale,” said Scott, the co-founder of the Charleston-based M.A.R.S.H. Project, a grassroots conservation group that works to protect Charleston’s salt marshes. Scott noted that Awendaw, population 1,600, is about the same size as many of Charleston’s neighborhoods.
“ We see that as a functional scale for us to achieve environmental victories,” Scott continued. “If Awendaw can do it, we hope that we could do it at our neighborhood level and then mushroom out from there to Charleston's various neighborhoods.”
Spanning 22 miles and roughly 66,000 acres, the Cape Romain National Wildlife Refuge is a near-pristine ecosystem of wetlands, islands, shores and maritime forests. The Cape is a biodiversity hotspot home to the state’s most-active nesting sites for loggerhead sea turtles and nearly 300 migratory and year-round bird species, several of which are considered "Tipping Point Species" that have lost at least half their population in the last 50 years.
While the refuge is managed by the Department of Interior, the surrounding communities play a significant role in safeguarding its water quality and ecosystem. Runoff from Awendaw washes directly into Cape Romain, and development along the border of the refuge has been a simmering source of tension in the community.
"Lands surrounding the Refuge are crucial for maintaining habitat and water quality by acting as buffers for the waters, marshes, and barrier islands of the Refuge," Sherri Fields, the conservation director for Audubon South Carolina, wrote in an email. "If these buffers are degraded by construction and pollution, habitats in the Refuge will also be affected, which will have negative consequences for bird populations that are already suffering."
The National Parks Service considers over half of the refuge a “Class 1 National Wilderness Area.” That status grants it additional Clean Air Act protections and means that, theoretically, the Cape is supposed to have some of the cleanest air in South Carolina.
“Awendaw is the gateway to Cape Romain National Wildlife Refuge,” Crolley said. “For Awendaw to be positioned so close to Cape Romain — it means something. There’s a responsibility inherent in that.”
In addition to his new role leading the town, Crolley owns and operates Coastal Expeditions, a local business that offers eco-tours of Charleston County’s tidal wetlands and ecosystem. The company also has a nonprofit arm, the Coastal Expeditions Foundation.
The foundation does conservation work within Cape Romain, work Crolley said is critical these days.
But limited funding for the National Wildlife Refuge system has been a challenge throughout several presidential administrations, Crolley said. He bluntly described it as a persistent “lack of give-a-sh- -” from Washington, D.C.
“ They're completely understaffed,” he said. “I think their charter says they're supposed to have 14 people, and they have two.”
If you include a regional manager in that count, he said, it raises the level of staffers at Cape Romain to three. The U.S. Fish and Wildlife Service — which is under the Interior Department and manages the Cape Romain Refuge — declined to comment on current staffing levels at the refuge, or about what the pre-Trump administration staffing levels were.
"The U.S. Fish and Wildlife Service remains dedicated to conserving America’s wildlife and natural habitats while promoting access, use, and enjoyment of public lands by the American people, all while upholding federal responsibilities with efficiency and accountability," an agency spokesperson wrote in a statement.
AWENDAW — Rural and lightly populated, this town on Mount Pleasant’s northern border has been facing increasing development pressure and is poised to extend a moratorium on subdivisions and zoning changes for another year.For nearly two years the moratorium has prevented land from being divided into more than five pieces, effectively stopping the creation of subdivisions. For example, someone with a 100-acre piece of land couldn't carve it up into dozens of home sites while the moratorium is in force."In two ye...
AWENDAW — Rural and lightly populated, this town on Mount Pleasant’s northern border has been facing increasing development pressure and is poised to extend a moratorium on subdivisions and zoning changes for another year.
For nearly two years the moratorium has prevented land from being divided into more than five pieces, effectively stopping the creation of subdivisions. For example, someone with a 100-acre piece of land couldn't carve it up into dozens of home sites while the moratorium is in force.
"In two years the population of Awendaw will double because of the developments allowed over the past 15 years," Mayor Chris Crolley said. "That's not sustainable."
Extending the moratorium would give the town another year to rewrite zoning and land-use rules to conform with Awendaw's latest Comprehensive Plan, a state-required planning document. The moratorium would not prevent construction where it's already allowed, but would prevent changes in land-use rules through zoning while also blocking larger subdivisions.
Councilman Kent Prause said that during the ongoing moratorium the town has raised the minimum size of a residential building lot with public water and sewer service from 12,500 square feet to 21,500 — nearly half an acre. The town also set new rules to protect wetlands and regulate septic systems.
Temporary moratoriums have seen increasing use across South Carolina as a tool to pause development, sometimes to allow time for new rules to be developed, other times to allow for infrastructure to catch up. The state has had the fastest-rising population in the nation in recent years.
Mount Pleasant had a moratorium on multi-family buildings for seven years; Berkeley County had a moratorium on large-scale developments; Anderson County blocked all new housing for 90 days in 2025; North Augusta put a 2-and-a-half-year halt to new apartment buildings, the list goes on.
Prause was Mount Pleasant's zoning administrator for decades, and has lived in Awendaw for 29 years. He said that while campaigning for office he knocked on hundreds of doors and "the two things I heard most were: 'We don't want to be another Mount Pleasant, and we just want to be left alone.' "
Prause led the charge for the first moratorium in 2024.
"We haven't really had anyone speak against it at (recent) public meetings," he said.
Crolley noted that a moratorium is temporary, though just how temporary remains to be seen. If approved at a special town council meeting and public hearing on Feb. 26 at 9 a.m., it would be the second one-year extension of Awendaw’s 2024 moratorium.
“Our Comprehensive Plan got ratified last year," said Crolley. "Given that we went through that whole process and have our template to work from, now it’s time to get the zoning in line and the ordinances to protect the wetlands and trees."
Awendaw has fewer than 1,800 residents and didn't have a full-time planning official until October 2025, according to Town Administrator Katharine Watkins.
While neighboring Mount Pleasant's population works out to 1,930 people per square mile, the number in Awendaw is less than 100. Residents there have seen how development can change a town.
Mount Pleasant had 5,100 residents in 1960. Over the next 30 years the town’s population grew nearly six fold, to 30,100, and in the next 30 years it tripled, to 90,801 in 2020.
“These developers aren’t in it for the wellbeing of the community," said Crolley. "They’re not from around here."
Mount Pleasant has taken many steps to limit growth and development, with annual limits on building permits, height and size restrictions on buildings, and the moratorium on multi-family housing that lasted seven years. But most of those things came after most of the available land in the town had been developed.
Like a growing number of South Carolina communities, Awendaw has set out to firmly regulate development before it takes place.