Estate Planning Attorney inColumbia, SC

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Securing Your Legacy in South
Carolina

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 Columbia, 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 Columbia 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:

  • How much does estate planning cost?
  • What kind of results can I expect?
  • How long will this process take?

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 Columbia. 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.

Estate Planning Law Columbia, SC
Service Areas

Our firm specializes in several areas of estate planning and family law, including:

  • Estate Planning
  • Last Will and Testament
  • Living Wills
  • Heath Care Power of Attorney
  • Living Wills
  • Irrevocable Trusts
  • Revocable Trusts
  • Retirement Trusts
  • Special Needs Trusts

The Cobb Hammett
Difference

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.

 Estate Planning Attorney Columbia, SC The-Cobb-Dill-Hammett-Difference
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What Our Clients Say

What is Estate Planning in
Columbia, SC?

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.

 Estate Planning Lawyer Columbia, SC
A good estate plan covers more than fiscal assets, however. A comprehensive
estate plan should include the following:
  • If you have children who are minors, instructions as to who will be their guardian when you die.
  • Long-term care insurance if you suffer from an extended injury or illness.
  • Instructions that dictate what happens to you and your financial affairs if you become incapacitated before death.
  • Instructions on the transfer of your business after retirement, incapacity, disability, or death.
  • Instructions on how to provide for loved ones who might need help managing money or who need protection from creditors.
  • Probate and tax avoidance that help minimize court fees, taxes, and legal fees.
  • Planning Medicaid payments.
  • Instructions that help complete or update beneficiary designations.
  • Assist family members who have special needs without disqualifying them from government benefits.

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.

The Basics of Estate Planning
in Columbia, SC

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.

1.

Working with a Tax Advisor and Estate Planning
Attorney in Columbia, SC

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.

 Law Firm Columbia, SC
2.

Maximizing
Your Estate

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.

Estate Planning Law Columbia, SC
3.

Inheritance, Estate,
and Gift Taxes

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.

 Estate Planning Attorney Columbia, SC

Choosing the
Executor of Your Will

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:

  • Collecting Your Assets
  • Paying Outstanding Bills
  • Submitting Tax Returns
  • Petitioning the Court for Documents
  • Distributing Assets to Your Beneficiaries
 Estate Planning Lawyer Columbia, SC

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 Columbia, 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.

The Benefits of Estate Planning
in Columbia, SC

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.

At Cobb Hammett we offer a "Will Package" that includes 4 necessary documents.

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:

  • Last will and testament
  • Healthcare power of attorney
  • Durable power of attorney
  • living will

Common Documents Included
in Your Estate Plan

As mentioned above, everyone's estate planning needs will be different. However, most plans include one or more of the following documents:

1.

Will

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 Columbia, SC, to create and update your will.

The contents of a will typically include:

  • Designation of the executor, who is responsible for adhering to the provisions of your will.
  • Designation of beneficiaries the people who will be inheriting your assets
  • Instructions that dictate how and when your beneficiaries will receive assets.
  • Instructions that assign guardianship for any minor children.

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.

 Law Firm Columbia, SC
2.

Living Will

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.

Estate Planning Law Columbia, SC
3.

Trusts

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.

 Estate Planning Attorney Columbia, SC

Revocable Trust:

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.

Irrevocable Trust:

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 Columbia, SC, your trust can also:

Protect Your Legacy:

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.

Privacy and Probate:

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.

Control Wealth:

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.

The Top Estate Planning Law Firm in the Lowcountry

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 US

Latest News in Columbia, SC

Myrtle Beach resident faces charges over 2,000-acre wildfire

A Myrtle Beach woman was arrested after investigators said her backyard fire spread into a 2,000-acre wildfire, forcing evacuations in Carolina Forest.MYRTLE BEACH, S.C. — A woman has been arrested and accused of being responsible for a wildfire that caused multiple evacuations near Myrtle Beach over the weekend.The South Carolina Forestry ...

A Myrtle Beach woman was arrested after investigators said her backyard fire spread into a 2,000-acre wildfire, forcing evacuations in Carolina Forest.

MYRTLE BEACH, S.C. — A woman has been arrested and accused of being responsible for a wildfire that caused multiple evacuations near Myrtle Beach over the weekend.

The South Carolina Forestry Commission said that 40-year-old Alexandra Bialousow of Myrtle Beach was arrested on Thursday on two charges related to a yard debris burn that has since turned into a wildfire covering more than 2,000 acres in the Carolina Forest area.

Witnesses told investigators that Bialousow intentionally started the fire in a backyard fire pit that was close to the tree line in the Covington Lakes subdivision on March 1. The South Carolina Forestry Commission, citing warrants, said she "did not have an appropriate water source readily available" and didn't "have any garden tools on hand to control the fire."

The fire then spread to land owned by the Walker Woods Homeowners Association.

Investigators charged Bialousow with negligently allowing fire to spread to the lands or property of another and starting a fire in woodlands, grasslands, and other places that are unlawful unless certain precautions are taken.

The South Carolina Forestry Commission said that, if convicted for the first charge, Bialousow faces imprisonment for five to 30 days and a fine between $25 and $200. For the second charge, she could be fined up to $200 and imprisoned for up to 30 days.

The blaze, dubbed the Carolina Forest wildfire, was one of more than a hundred reported across South Carolina and one of, if not the largest, fire reported over the weekend. Departments across the state had sent equipment and personnel to assist Horry County Fire Rescue.

Not long after the fire, Gov. Henry McMaster issued a State of Emergency declaration to help facilitate the movement of state agencies and employees to help.

As of Thursday night, the Covington Drive fire was considered 55% contained.

Fight the Power: Remembering Angie Stone, Columbia native and R&B legend

Neo-soul music saved my life. This Black musical movement — part R&B, part hip-hop — spoke directly to my soul as a young Black kid searching for something to hold onto. With all my rage, emotions, locks and vegetarian lifestyle, I needed a soft place to land. Neo-soul provided that backdrop, offering music that truly understood me.When people discuss this genre, specific names always come up: Erykah Badu, Common, The Roots, Jill Scott and D'Angelo. However, one name that should always be included in that chorus is ...

Neo-soul music saved my life. This Black musical movement — part R&B, part hip-hop — spoke directly to my soul as a young Black kid searching for something to hold onto. With all my rage, emotions, locks and vegetarian lifestyle, I needed a soft place to land. Neo-soul provided that backdrop, offering music that truly understood me.

When people discuss this genre, specific names always come up: Erykah Badu, Common, The Roots, Jill Scott and D'Angelo. However, one name that should always be included in that chorus is Angie Stone. Her debut album, "Black Diamond," followed by the Gold-certified "Mahogany Soul," represents some of the best soul music of the early 2000s. Even projects like D'Angelo's "Voodoo" — an album I’d argue is my favorite of all time — wouldn’t be what they are without Stone’s pen. Check the writing credits; you’ll see her name all over the liner notes.

Angie Stone was ours. I used to joke with people unfamiliar with Columbia that, unless it was bad news, our city only made national headlines for the “big three”: A’ja Wilson, Dawn Staley and Angie Stone.

After hearing the news of her passing, I didn’t know what to say on social media. Somehow, putting it into words would make it too real. However, seeing the outpouring of love from people in Columbia brought a sense of solace — stories, memories and tributes. She never forgot where she came from, and we never forgot her. She belonged to Columbia, and Columbia belonged to her.

Every musician making Black music in Columbia has a story about meeting her and witnessing her talent firsthand. Over 20 years ago, I performed at a small coffee shop, backed by an aspiring band, my lyrics infused with Hotep wisdom. Someone whispered, “Yo! Angie’s gonna be here!” The idea that she might hear me was monumental.

Getting approval from her wasn’t like getting a pat on the back from your folks — it was different. She was the orchestrator of the soundtrack to my life. Her look, sound, presence — everything about her felt like home. I remember hearing "Brotha" for the first time, feeling like she had written it just for me, a young Black man from Columbia:

"You mean so much to me; you give me what I need. I’m so proud of you; I said I’m so proud of you. I love you for stayin’ strong; you got it goin’ on. I’m so proud of you."

I’m not being a prisoner of the moment when I say this — I had never heard anyone say those words to me in a song before. It’s like the age-old joke that Tupac made "Dear Mama," but where was the anthem for Black men? Angie Stone gave us that.

Just weeks before her passing, she took to social media, speaking about an industry that took advantage of her, about the royalties and recognition she deserved but never fully received. And let’s be clear: being a member of The Sequence — the first all-female hip-hop group — alone should have cemented her name as a groundbreaker, an originator. She should be a "Jeopardy!" question. Her music should be featured in countless films. She should be universally recognized as South Carolina and American music royalty because she was.

Her passing comes not even a week after the loss of another Black music pioneer, Roberta Flack, another legend whose contributions risk fading from mainstream memory. As people say, we’re losing recipes. It’s up to us to amplify these voices and ensure that future generations cannot possibly ignore their impact.

I don’t even know how to feel. I’ve been playing her music all weekend, moving through a spectrum of emotions — tears, joy and even a few smiles. I’ve felt it all.

My heart goes to her family, friends and fans — anyone Angie Stone’s brilliance has ever touched. I hope to hear her music blasting from cars this week as we all find ways to heal. Fortunately for us, she left us the music to do just that.

For all of us who were saved by this movement of soul music, artists like Angie Stone reminded us that not only was life worth rooting for but, as she told us in Brotha, “You know that Angie loves ya.”

A Columbia author is releasing a short story collection for 'weirdos with a sense of wonder'

A new voice in Southern literature is emerging this spring with "Hellions," a shorty story collection from Columbia-based author Julia Elliot.This collection, publishing April 15, already has received rave reviews from authors Jeff VanderMeer, Brian Evenson and Carmen Maria Machado."Hellions" is a collection of 11 short stories set in various places and time periods, from a medieval convent to the modern-day rural South. As you...

A new voice in Southern literature is emerging this spring with "Hellions," a shorty story collection from Columbia-based author Julia Elliot.

This collection, publishing April 15, already has received rave reviews from authors Jeff VanderMeer, Brian Evenson and Carmen Maria Machado.

"Hellions" is a collection of 11 short stories set in various places and time periods, from a medieval convent to the modern-day rural South. As you make your way through the book there is no telling what you will find on the next page.

“(I wrote this) for smart weirdos with a sense of wonder,” Elliot said.

Elliot is the author of the 2014 story collection "The Wilds," which was a New York Times Book Review Editors’ Choice. In 2015, she released "The New and Improved Romie Futch," which follows a South Carolina taxidermist as he undergoes a science experiment and hunts for the famed Hampton County “Hogzilla.”

Elliot teaches English and Women’s and Gender Studies at the University of South Carolina, and lives in Columbia with her husband, daughter Eva and five hens.

“Eva is the biggest inspirational force in my life,” Elliot said. “A fantastic artist, reader and writer, she constantly shares weird dreams, surreal artwork and story ideas that I am tempted to steal.”

The dedication page in "Hellions" simply says “For Eva.”

“(Eva) reconnects me to my own childhood self, not only helping me tap into those powerful creative forces but also contributing to the complexity of my younger characters,” Elliot said “Over the course of my career I have written a lot of stories from the perspective of girls relying on my own experience, but now I incorporate elements from her personality, intellect and imagination.”

In the novel she is currently working on, the story is told from the perspective of a 13-year-old girl.

The stories of 'Hellions'

The process of writing a novel versus a short story is not the same. They "take root" in her imagination differently, Elliot said.

“Stories often erupt from weird visions or strange ideas that I jot down in a sentence or two," she explained. "Novel ideas might arise from odd images, they are usually connected to other ideas that build into a complex kernel concept that requires extensive word count to develop."

Elliot was already in the midst of writing two more books while working on the short story collection.

“As I work on novels, backlogs of story ideas build up, ideas that I pounce on during breaks between novel drafts and projects,” Elliot said.

Elliot has expanded some of her short stories into novels, such as "The New and Improved Romie Futch" from 2015.

“My current novel in progress, 'Frog,' a sci-fi retelling of 'The Princess and the Frog' also began as a short story, albeit one that had no science fiction elements and was more firmly planted in the misty realm of fairy tales,” Elliot said.

Elliot will participate in an exclusive pre-publication event at the Read Freely Fest at the Richland Main Library March 29 and 30.

The official book launch is scheduled for May 1 at the Columbia Museum of Art at 5:30 p.m. Visit tinhouse.com for the latest updates.

Open-air food hall coming to Columbia’s Bull Street District

COLUMBIA, S.C. (WIS) - Foodies, get excited ― Columbia is getting its very own open-air food hall.Modeled after GATHER GVL, an outdoor food hall in Greenville, GATHER COLA, is coming to the Bull Street District.“This project will bring a diversity of food offerings and a vibrant energy to the already active Bull Street project,” said Frank Cason, president of Cason Development Group. “This is a project for all of Columbia to enjoy!”The food hall will be more than 32,000 square feet and have mult...

COLUMBIA, S.C. (WIS) - Foodies, get excited ― Columbia is getting its very own open-air food hall.

Modeled after GATHER GVL, an outdoor food hall in Greenville, GATHER COLA, is coming to the Bull Street District.

“This project will bring a diversity of food offerings and a vibrant energy to the already active Bull Street project,” said Frank Cason, president of Cason Development Group. “This is a project for all of Columbia to enjoy!”

The food hall will be more than 32,000 square feet and have multiple levels, according to a news release from developers Cason Development Group.

Construction on the food hall has already begun and its expected to open by the end of this year, the developers said.

Nine restaurants spaces are available, a news release said.

After trying a new type of food, people can shop around at some of the pop-up retail spaces inside the food hall.

GATHER COLA will also have two bar areas ― one with a rooftop view.

The new food market will compliment a large green space, called The Lawn, that is being developed between Bull, Freed and Pickens streets, which is near the historic Babcock Center.

The Lawn is expected to open in 2025.

That area of Columbia is expected to undergo many new developments in the next couple years and is attracting several interesting restaurants.

This Thursday, Tupelo Honey, a southern restaurant from Asheville, North Carolina, featuring breakfast and lunch fare, is hosting a grand opening at their new location on Pickens Street.

Coastal Crust, a South Carolina pizzeria, is also coming to Columbia’s Bull Street District.

Shuckin’ Shack Oyster Bar and Rising Roll Gourmet Cafe are two of the other restaurants coming to the Bull Street District.

Food vendors, retailers, and businesses interested can contact Holly Buxton with Cason Development Group at 803- 550-3145. Office space is also available, the developers said.

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