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Estate Planning Attorney inDuncan, SC

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 Duncan, 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 Duncan, 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:

  • 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 Duncan, 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:

  • 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 Duncan, SC The-Cobb-Dill-Hammett-Difference
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What Our Clients Say

What is Estate Planning in
Duncan, 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 Duncan, 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 Duncan, 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 Duncan, 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
 Duncan, 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 Duncan, 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 Duncan, 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

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 Duncan, 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 Duncan, 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 Duncan, 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.

 Estate Planning Lawyer Duncan, 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.

 Law Firm
 Duncan, 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 Law Duncan, 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 Duncan, 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.

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Latest News in Duncan, SC

Stoneledge Park: The Park That Should Definitely Be On Your List In Duncan, SC

Inside: A local mom shares all the details about the great amenities at Stoneledge Park in this full guide.Looking for a great place to plan some activities this summer? Look no further! StoneLedge Park in Duncan, SC has it all: an indoor event center, outdoor pavilions and playgrounds, a paved walking trail, and of course—the well-known water park—Shipwreck Cove! Kidding Around’s Sarah Burnett breaks down everything you need to know to make the most use of this versatile park as the weather ...

Inside: A local mom shares all the details about the great amenities at Stoneledge Park in this full guide.

Looking for a great place to plan some activities this summer? Look no further! StoneLedge Park in Duncan, SC has it all: an indoor event center, outdoor pavilions and playgrounds, a paved walking trail, and of course—the well-known water park—Shipwreck Cove! Kidding Around’s Sarah Burnett breaks down everything you need to know to make the most use of this versatile park as the weather gets warmer!

Quick Summary: Stoneledge Park

About Stoneledge Park In Duncan, SC

Whether you want to meet indoors or play outside, get wet or stay dry, go with a group or just your family—StoneLedge Park in Duncan, SC has just the space for you!

Here, you will find a private event center open to reservations, multiple covered picnic shelters, two pretty white gazebos, a small man-made waterfall, playgrounds for big kids and little ones, and a paved walking trail that is perfect for casual strolls and kids on wheels. And of course, you can’t miss Shipwreck Cove, the fantastic adjoining water park which opens every summer!

This property encompasses over 20 acres, much of which is still to be developed, and it has long been a focal point for the town’s recreation and tourism. Parking is available on either side of the Duncan Event Center, with one lot putting you right next to the playgrounds and the other putting you right next to Shipwreck Cove!

Stoneledge Park Events Center

The centerpiece of StoneLedge Park is the Duncan Event Center. No matter which way you come into the park, you won’t be able to miss this hilltop building!

Newly constructed in 2020, the Duncan Event Center is a versatile 3,500-square-foot facility. It offers a wide open, well-lit space with tables and chairs to accommodate up to 200 people, a large wall-mounted projector and screen, built-in sound system, multi-stall restrooms, and a fantastic kitchen space complete with refrigerator, freezer, and warming station.

Reservations are required, with a 4-hour minimum to book the space. Booking details are available online, including the event calendar and options for setup, cleanup, and extras.

Common uses include weddings, showers, and parties, but my family’s experience with the Event Center has been primarily community events. With convenient parking, ample seating, and its big projector screen, the Event Center has been such an ideal space for meetings and presentations! We especially love the immediate access to all the surrounding outdoor spaces, too, which allow for fun and fellowship to carry on long after a more formal gathering ends.

Perfect Playground for All Ages

As a mom of littles, the playground at StoneLedge Park is one of my absolute favorites. It’s open every day from dawn to dusk, has public restroom facilities available, and two covered picnic shelters right by the playgrounds for easy snack breaks.

There are two playsets right near each other, one geared towards ages 2 to 5 years old and one for ages 5 to 12 years old. The playset for bigger kids is really well-designed for safety and visibility, with secure rails fully surrounding the highest levels, so this is one where toddlers might be okay to tag along with older siblings or under close supervision from parents. Swing sets include baby swings, big kid swings, and one accessible swing.

Most of the entire playground area is connected by a smooth artificial surface, which is one of my favorite features for visiting with a baby: Our littlest family member has no trouble crawling and exploring this entire area while the older siblings climb and play! There are also two covered gazebos with low benches, which make great enclosed spaces for crawlers, climbers, and cruisers while grown-ups sit and supervise.

Whether you are just visiting as a family, reserving one of the picnic shelters for a party, or booking the Duncan Event Center for a private event, the park and playground make a fantastic, family-friendly addition to any outing in this area!

Water Feature and Walking Trail

At the playgrounds, you will also find a small man-made waterfall right next to the paved walking path. In summer and fall, this is a great spot to stop for a quick family or group photo!

From there, you can follow the paved trail loop for a leisurely walk around the park. It stretches about 0.5 miles, encircling the play areas and then extending down Spring Street to a broad greenspace with another picnic shelter. The trail is wide with mostly gradual slopes, making it perfect for strollers, kids on wheels, dog-walkers, and even walking groups to enjoy!

Shipwreck Cove Water Park

Depending on the time of year, you may also want to include Shipwreck Cove in your plans! This water park typically opens over Memorial Day weekend and runs through summer each year. Typical hours are 10 am to 6 pm on Monday through Saturday, then 1 pm to 6 pm on Sundays. However, the water park does sometimes close for private events or adverse weather, so always be sure to check before visiting!

Admission rates vary by height and age, and there are also discounts available for groups, senior citizens, military personnel, and those with a qualifying handicap. With your ticket purchase, you can receive a wristband which allows you to enter and exit the water park freely throughout the day, making it a fabulous add-on to any outdoor adventure at StoneLedge Park! You can easily go back and forth from the playgrounds and picnic shelters to water slides and cabanas.

The wristband can be especially helpful depending on your dining plan: Food is available for purchase inside Shipwreck Cove, but outside food and drink are restricted to consumption outside the water park. Plan ahead for this if you want to bring a picnic!

Inside the water park, you’ll find an amazing kiddie area complete with pirate ship, two super slick water slides for bigger kids, and a lazy river complete with inner tubes. A limited number of life vests are available to borrow, but you may want to bring your own in case these run out. Lifeguards are on duty, but of course parental supervision is also expected!

Learn more!

Local mom’s review of Shipwreck Cove in Duncan

Duncanfest and Community Events

Whether you are planning your own event or looking for something else amazing to do, StoneLedge Park is a fantastic place to check.

It’s a go-to site for the Town of Duncan’s community events, including their annual Duncanfest—featuring carnival rides, food trucks, local bands, and usually even a fun run! Be sure to check the Town of Duncan’s event calendar for anything that could be happening at the park, especially in the spring and summer!

Does your family enjoy spending time at Stoneledge Park?

The Upstate is lucky enough to have a ton of parks. Check out our Park Guide to find your next adventure!

Completion of 'diverging diamond' interchange in Spartanburg County expected this spring

A key Spartanburg County roadway will soon boast South Carolina’s third “diverging diamond” interchange.The project at Interstate 85 and SC Highway 290 in Duncan is about a year behind schedule, but construction is expected to finish before summer.The innovation in traffic engineering is designed to move vehicles more quickly and safely through busy intersections.Specifically, vehicles exiting I-85 and turning left onto Highway 290 won’t have to cross through an intersection. They w...

A key Spartanburg County roadway will soon boast South Carolina’s third “diverging diamond” interchange.

The project at Interstate 85 and SC Highway 290 in Duncan is about a year behind schedule, but construction is expected to finish before summer.

The innovation in traffic engineering is designed to move vehicles more quickly and safely through busy intersections.

Specifically, vehicles exiting I-85 and turning left onto Highway 290 won’t have to cross through an intersection. They will stay on the left side of the highway – keeping the traffic moving – before transitioning back to the right after crossing the bridge over the interstate.

“A lot of people find it a little scary and weird their first time through one of these interchanges, but after that they get used to it,” said Hannah Robinson, media relations manager with the South Carolina Department of Transportation.

Robinson said signs will be on prominent display to provide easy direction.

The state’s other two diverging diamond interchanges are in Fort Mill and the Chapin area, Robinson said. There is also an intersection featuring the design off of Interstate 26, at Airport Road, south of Asheville, N.C.

Construction has been held up by bad weather – especially Tropical Storm Helene and its aftermath – as well as supply chain challenges and design adjustments needed for utilities, Robinson said.

For now, construction means traffic is moving slowly through interchange, especially at peak times of day.

Arturo Marte said he drives through the area for work at about 4 a.m., so things aren’t bad during his morning commute. But it’s more hectic in the afternoon.

“It’s been like this for a long time,” Marte said, as he pumped gas at a QT gas station. “Hopefully, it will be finished soon, so the traffic will flow a lot better.”

Deborah Otto lives in Chesnee but travels to the Duncan area often. “I try to avoid coming this way,” she said. “It feels dangerous.”

Indeed, there has been an uptick in traffic accidents in and around the construction zone, said Duncan town administrator Cameron Fant.

“It’s probably every other day. Some are minor, but we’ve had one or two major accidents,” he said. “Our first responders spend a lot of time at that intersection.”

Fant said some frustrated motorists “call us and unload on us. We say, ‘This is DOT project.’ But we tell them the end result will be worth the frustration.”

The Duncan area is rapidly growing, and the old interchange needed an upgrade, Fant said. “Things will be much better once it’s all said and done.”

In addition to the new traffic pattern, the $17.9 million project also includes new lanes on each entrance ramp, as well as an extra westbound lane on Highway 290, Robinson said.

The existing 268-foot-long bridge is also being widened to accommodate a new pedestrian path along the center of the bridge.

A South Carolina Department of Transportation video shows how a diverging diamond intersection works.

6+ Things to Do in Duncan, SC: The Family-Friendly List

Duncan, South Carolina, may be small, but it’s packed with fun and family-friendly activities for all ages. Whether you’re looking for outdoor adventures, creative experiences, or a fun way to beat the heat, Duncan has plenty to offer! Here’s a list of 6+ must-visit family-friendly spots in Duncan, SC.1. Shipwreck Cove Water Park???? 119 S Spencer St, Duncan, SC 29334A favorite summer destination, ...

Duncan, South Carolina, may be small, but it’s packed with fun and family-friendly activities for all ages. Whether you’re looking for outdoor adventures, creative experiences, or a fun way to beat the heat, Duncan has plenty to offer! Here’s a list of 6+ must-visit family-friendly spots in Duncan, SC.

1. Shipwreck Cove Water Park

???? 119 S Spencer St, Duncan, SC 29334

A favorite summer destination, Shipwreck Cove Water Park is the perfect place to cool off with the family. This pirate-themed water park features slides, a lazy river, a kiddie splash zone, and a pool with plenty of room for swimming.

Why You’ll Love It:????‍☠️ Fun pirate theme???? Slides and lazy river☀️ Shaded areas for relaxation

Here’s our review: Shipwreck Cove

2. Stoneledge Park

???? 200 Stoneledge Park Court, Duncan, SC 29334

A hidden gem in Duncan, Stoneledge Park is a great place for families to enjoy outdoor fun and relaxation. It features a large playground, walking trails, picnic shelters, and Shipwreck Cove Water Park during the summer months.

Why You’ll Love It:???? Interactive playground for all ages???? Seasonal water park???? Peaceful picnic areas

Here’s our review: Stoneledge Park

3. Duncan’s Saturday Slime Bar at Squiggles Toys and More

???? 149 W Main Street, Duncan, SC

For kids who love slime and hands-on fun, Squiggles Toys and More hosts a Saturday Slime Bar where children can create their own custom slime with glitter, charms, and colors.

4. Ohana’s Shaved Ice

???? 153 W Main St, Duncan, SC 29334

Looking for a refreshing treat? Ohana’s Shaved Ice offers Hawaiian-style shaved ice in a variety of flavors. It’s the perfect stop for a sweet, cool treat after playing at Stoneledge Park or Shipwreck Cove!

5. Tyger River Park

???? 179 Dillard Rd, Duncan, SC 29334

One of the largest parks in the area, Tyger River Park is a fantastic spot for outdoor family fun. The park boasts playgrounds, walking trails, picnic shelters, and a splash pad during the warmer months.

6. PuddN’ Creations

???? 147 W Main St, Duncan, SC 29334

Events Coming Up in Duncan, SC

What’s happening in Duncan? Here are the Duncan events from our Kidding Around Event Calendar.

More to Explore Near Duncan

Just around the corner in Lyman, you’ll find some more fun things to do!

Where do you like to play near Duncan, SC?

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 Estate Planning Attorney Duncan, SC
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