843-936-6680
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 Greenville, 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 Greenville 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 Greenville. 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.
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.
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What is Estate Planning in
Greenville, 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.
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 Greenville, 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.
Working with a Tax Advisor and Estate Planning
Attorney in Greenville, 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.
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.
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.
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 Greenville, 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 Greenville, 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:
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 Greenville, 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.
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.
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.
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 Greenville, 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 USLatest News in Greenville, SC
Greenville County Schools pauses in-person book fairs due to new South Carolina policy
Rey Llerenahttps://www.wyff4.com/article/greenville-county-schools-pauses-book-fairs/61950252
GREENVILLE COUNTY, S.C. —Greenville County Schools is pausing all in-person book fairs for this school year due to a new South Carolina Department of Education policy.District spokesperson Tim Waller said the decision to pause the events was not taken lightly. However, he said it was done so out of an abundance of caution amid the passage of SC Regulation 43-170, which oversees the selection and reconsideration of instructional materials."It requires us to scan each book and more or less keep ...
GREENVILLE COUNTY, S.C. —
Greenville County Schools is pausing all in-person book fairs for this school year due to a new South Carolina Department of Education policy.
District spokesperson Tim Waller said the decision to pause the events was not taken lightly. However, he said it was done so out of an abundance of caution amid the passage of SC Regulation 43-170, which oversees the selection and reconsideration of instructional materials.
"It requires us to scan each book and more or less keep it in a database to where it is publicly visible to parents," Waller said.
A South Carolina Department of Education spokesperson released the following statement:
"The department commends the district on its vigilance. The SCDE will offer its support for finding vendors that can give schools and families peace of mind that they are providing age-appropriate materials to our students."
District officials said that part of the reason for the pause was to protect their employees.
"With a traveling book fair, if you will, there's not enough time to go through, look at each book," Waller said. "What is the content? Determine if it meets the criteria of 43-170."
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Patrick Kelly of the Palmetto State Teachers Association said the district's decision is disappointing but doesn't blame the district for being cautious.
"Book fairs are such a formative experience for students," Kelly said. "It's also concerning because book fairs are a significant fundraiser for schools in South Carolina, especially at the elementary school and at many of our Title I schools."
Officials said the pause allows the district to come up with a process to eventually bring book fairs back, but teachers said students are the ones most affected.
"The last thing we need to be doing in an environment where you are trying to improve literacy rates for students in South Carolina is removing their access to books," Kelly said.
Spartanburg School District 5 officials said they have not paused book fairs for this school year.
A School District of Pickens County spokesperson released the following statement:
"The School District of Pickens County (SDPC) recognizes the importance of book fairs as both a valuable educational resource and a significant source of funding for our elementary and middle schools. We have not paused our practice of hosting book fairs at this time.
"Our schools have been diligent in closely monitoring the selection of books featured at our book fairs. This proactive approach ensures that the titles offered align with the values and standards of our community. Additionally, we have expanded our range of vendors to further ensure that the books available at our fairs meet our high expectations for quality and appropriateness. Our commitment is to provide age-appropriate, high-quality reading materials for our students."
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Greenville County Schools will not host in-person book fairs this year: Here's why
Stephanie Moorehttps://www.wyff4.com/article/greenville-county-schools-no-book-fairs/61945606
GREENVILLE, S.C. —Greenville County Schools will not host in-person book fairs this school year.(Video above: Morning headlines from WYFF News 4)District Spokesman Tim Waller released the following statement about the pause:"First, we recognize the value in school-sponsored book fairs as a way to promote reading with students while also engaging parents and the community in support of literacy. Additionally, book fairs provide a fundraising opportunity for schools that have a positive i...
GREENVILLE, S.C. —
Greenville County Schools will not host in-person book fairs this school year.
(Video above: Morning headlines from WYFF News 4)
District Spokesman Tim Waller released the following statement about the pause:
"First, we recognize the value in school-sponsored book fairs as a way to promote reading with students while also engaging parents and the community in support of literacy. Additionally, book fairs provide a fundraising opportunity for schools that have a positive impact on students and the community.
"Effective August 1, 2024, South Carolina’s State Board of Education passed SC Regulation 43-170, which outlines new requirements for how instructional materials provided by schools or made available to students in school are selected. As a result, Greenville County Schools finds it necessary to pause all book fairs for this school year while it works with vendors to find a solution that ensures compliance and avoids a circumstance that may place employees in jeopardy of violating provisions of the regulation. The logistics of book fairs involve large containers of books and other material being delivered to schools, set out, packed up, picked up, restocked, and sent to the next school on a short turnaround time. It is not possible for school personnel to vet all book fair content after it arrives, nor can vendors provide accurate content information far enough in advance for it to be vetted through the District prior to the start of fall book fairs.
"The District’s Academics team is actively working with schools and individual book fair vendors to explore ways to continue offering book fairs in the future. During the time needed to ensure full compliance with the new regulation, there are alternatives, such as book clubs and online book fairs, for schools to consider. We will share more information once we have evaluated those other options for this year.
"Greenville County Schools understands the importance of book fairs as a way to promote reading while also raising funds for the schools. Please know that the District is committed to finding alternative solutions in the future that comply with Regulation 43-170 and allow us to continue engaging parents and the community in support of literacy within our schools and at home."
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The Tiny Amish Town In South Carolina That’s The Perfect Day Trip Destination
Robin Jarvishttps://www.onlyinyourstate.com/trip-ideas/south-carolina/amish-town-blackville-sc
When considering a trip to South Carolina, most people think of the food, the southern culture, and the Lowlands. But, there's so much to this unique state. In fact, there are certainly quite a few surprises around every corner. For instance, while there may not be many Amish churches or communities, there is one that's worth exploring. Although the entire small town o...
When considering a trip to South Carolina, most people think of the food, the southern culture, and the Lowlands. But, there's so much to this unique state. In fact, there are certainly quite a few surprises around every corner. For instance, while there may not be many Amish churches or communities, there is one that's worth exploring. Although the entire small town of Blackville isn't Amish, there is a strong community of Amish people and businesses here. If you love everything Amish, a day trip to Blackville is certainly in order. Take a look at a few of the things to see and do in this tiny town.
Blackville is a small, close-knit, community located approximately 45 minutes northeast of Augusta, GA.
Although Blackville contains other churches, it is also home to one of the few Mennonite churches in the state.
The members of Calvary Fellowship Mennonite Church have never met a stranger they didn't welcome. The church was formed in the 1960s and is certainly just as friendly as the very first day it opened the doors.
Additionally, the Mennonite community in Blackville also has a private Mennonite School.
Right in the middle of town on Main Street, Miller's Bread Basket is an Amish-Mennonite restaurant and bakery you'll want to visit (we recommend lunchtime!).
Their Amish buffet is filled with delicious food and paired with fresh bread that is baked on-site at Miller's. Treat yourself to a delicious South Carolina Amish community meal.
Over on Healing Spring Road sits the Healing Springs Country Store.
It's operated by the local Mennonites and is filled to the brim with dry goods, fresh preserves, canned items, and some locally-made crafts. They also serve some of the best local food you'll ever eat.
Look forward to browsing their homemade remedies, including this signature lye soap created to keep the no-see-ums and mosquitoes at bay.
Speaking of home remedies, it's not Amish-related, but the South's famous God's Acre Healing Springs is worthy of a visit during any trip to Blackville or even if just passing through; although, we think it's one of the best day trips you could take in South Carolina.
The spring has been the source of water for healing whatever ails you for quite a long time. Upon the death of the last owner, it was deeded to God so that it would always be available to everyone (for free!) to partake in the healing properties of the water from this spring.
Bring containers and fill them all!
There are undoubtedly so many things to love about Blackville, one of the coolest small towns in SC to explore. Come for a day and take in all it has to offer! Or you could make it a weekend getaway. Barnwell State Park in Blackville offers both cabin rentals and campsites. Check RVShare.com for information on RV rentals if needed!
Have you ever visited this Amish community in SC, or are you from this small town? If so, we'd love to hear what you think visitors should see! Let us know in the comments. Additionally, we'd love to see your pictures if you have any to share.
And, for another charming tiny town to visit in the Palmetto State, check out Cope, South Carolina.
Luxury brand pop-up opens at Haywood Mall. Here’s the scoop.
Tiare Solishttps://greenvillejournal.com/news/luxury-brand-pop-up-opens-this-week-at-haywood-mall-heres-the-scoop/
Anticipation began to build for luxury pop-up Bal Harbour Shops in late July when the city of Greenville announced its impending arrival.The installation at Haywood Mall includes 32 shipping containers housing roughly 10 luxury-brand shops, as well as a fine dining eatery called The Whitman. It opened Aug. 24 and will remain in Greenville for eight weeks.It follows a model s...
Anticipation began to build for luxury pop-up Bal Harbour Shops in late July when the city of Greenville announced its impending arrival.
The installation at Haywood Mall includes 32 shipping containers housing roughly 10 luxury-brand shops, as well as a fine dining eatery called The Whitman. It opened Aug. 24 and will remain in Greenville for eight weeks.
It follows a model set by shopping center Bal Harbour Shops which first formed by Stanley Whitman in 1965 at the site of a former World War II Army barracks in Bal Harbour, Florida. The Whitman family still owns the lifestyle conglomerate, led by Stanley’s grandson Matthew Whitman-Lazenby.
“The big idea here – other than creating a shopping center out of shipping containers – was trying to bring [high-fashion products] to markets where we could substantiate to the participating retailers that their customer was clearly there but didn’t have access to their product,” Whitman-Lazenby said.
Other locations for the pop-ups include Raleigh, North Carolina and Sarasota, Florida.
Midway through its stay, the brands will switch, offering visitors an opportunity to experience other shops.
Participating designers include:
Whitman-Lazenby said part of the appeal for the brands has been a movement of wealth since the 2020 pandemic, creating an opportunity for high-end brands in new locations.
“There’s been this this reallocation and distribution of wealth,” Whitman-Lazenby said. “Lots of brands want to tap into that and find those folks that that are in these markets.”
The business offers a personal shopping team that can facilitate purchase of items available at any of its roughly 110 stores, including those not available at the pop-up.
The flagship store in Florida includes food and beverage concepts like Avenue 31 or Makoto. The pop-up brings a taste of that experience with The Whitman.
The team partnered with Constellation Culinary for a 250-seat restaurant will have both indoor-outdoor dining components.
Haywood Mall is located at 700 Haywood Road, east of downtown Greenville near Interstate 385.
Aesthetics
Bal Harbour Shops brought palm trees, koi ponds, fountains and foliage or Greenville to evoke the tropical atmosphere found in the South Florida location.
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