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Estate Planning Attorney inMount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, SC The-Cobb-Dill-Hammett-Difference
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What Our Clients Say

What is Estate Planning in
Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, SC

ArtFest returns to Mount Pleasant with live art, music, makers and family fun

For the last 23 years, Mount Pleasant’s annual ArtFest has created a gathering place where residents can connect, explore diverse art forms and support local talent. And this year promises the same experience.ArtFest will take place from 11 a.m. to 3 p.m on March 21 at Mount Pleasant Towne Centre, 1218 Belk Drive.The free community celebration invites families, art lovers and curious visitors to spend the afternoon immersed in inspiration and imagination.Throughout the day, attendees can enjoy live performances by ...

For the last 23 years, Mount Pleasant’s annual ArtFest has created a gathering place where residents can connect, explore diverse art forms and support local talent. And this year promises the same experience.

ArtFest will take place from 11 a.m. to 3 p.m on March 21 at Mount Pleasant Towne Centre, 1218 Belk Drive.

The free community celebration invites families, art lovers and curious visitors to spend the afternoon immersed in inspiration and imagination.

Throughout the day, attendees can enjoy live performances by area music and dance groups. Visitors can also wander the Art Walk lined with regional artists and makers of photography, jewelry, woodwork, candles, macrame and more. During the Plein Air Paint Out, artists will paint in various places throughout the venue to be judged and awarded during the event closing.

“Art in all its forms has the ability to transform and enlighten both the creator and the viewer,” said Nicole Harvey, community affairs chief with the Mount Pleasant Recreation Department. “We hope that festival participants will leave inspired to pursue their own possibly neglected creative sparks."

ArtFest will also feature a variety of interactive kids' activities. Young artists can try pedal-powered spin art with Good Clean Fun, have their faces painted and enjoy balloon creations and fairy hair styling.

Sweetgrass basket weaving demonstrations and additional craft stations will offer hands-on opportunities to learn about local traditions and artistic techniques. And come hungry, because vendors will be serving up goodies like gyros, chicken sandwiches, Italian ice and Bundt cakes.

“Events like ArtFest help strengthen community pride, encourage cultural appreciation and contribute to the local economy,” said Kathi Herrmann, Towne Centre's marketing director.

“For the local artists specifically, ArtFest provides a valuable platform to showcase their work, connect with new audiences and build relationships within the creative community,” she said.

Mount Pleasant apartment complex loses appeal of $1 million damages verdict for black mold

MOUNT PLEASANT — An apartment complex off Ben Sawyer Boulevard must still pay a mother and daughter $1 million for black mold exposure that left them seriously ill, a court has ruled.The S.C. Court of Appeals on March 4 rejected a Mount Pleasant apartment complex’s appeal of a 2022 jury verdict that found it negligent in its response to Karolina and Krista Richardson’s complaints about black mold in their apartment.The mother and daughter lived at the Oyster Park Apartments at 1421 Shucker Circle complex for a...

MOUNT PLEASANT — An apartment complex off Ben Sawyer Boulevard must still pay a mother and daughter $1 million for black mold exposure that left them seriously ill, a court has ruled.

The S.C. Court of Appeals on March 4 rejected a Mount Pleasant apartment complex’s appeal of a 2022 jury verdict that found it negligent in its response to Karolina and Krista Richardson’s complaints about black mold in their apartment.

The mother and daughter lived at the Oyster Park Apartments at 1421 Shucker Circle complex for about four months in 2017 soon after it opened to tenants. At issue was how long it took for management to respond to their complaints about the presence of mold and how long they knew about it, according to court records.

The two began reporting the symptoms and the presence of black mold in late May 2017 after they were moved to a new unit due to flooding. It wasn’t until they made several requests for mold testing for a month did management hire a lab on July 10, 2017.

The results confirmed what the mother and daughter already knew because of their history of asthma and other conditions that made them sensitive to mold exposure.

The family was moved to another unit. Their health problems related to mold exposure persisted until they left the complex in September 2017. According to the lawsuit, both contracted toxic mold disease as a result of their four months at Oyster Park.

Ninth Circuit Court Judge Jennifer McCoy presided over the 2022 trial. The apartment’s attorneys argued on appeal the judge erred in not providing a directed verdict. They also argued McCoy should not have found them in violation of evidence disclosure rules after notebooks were released on the eve of the trial. McCoy ordered the apartment complex pay the Richardson’s legal fees as a result, according to court records.

An attorney for Oyster Park did not immediately return a request for comment. The appeals court noted that the complex did eventually remediate the mold.

During litigation, Clay McCullough, who represented the Richardson’s, presented several other complaints from residents at Oyster Park that had also struggled with mold and water infiltration in the newly opened complex.

“Our overwhelming hope is that the apartment will pay out what is owed so the Richardson’s can get on with their lives,” McCullough said.

Mount Pleasant sex offender to be jailed for probation violations

CHARLESTON COUNTY, S.C. (WCSC) — A convicted sex offender’s probation has now been partially revoked after Charleston County deputies say he failed to report multiple internet and social media accounts.Travis Reed Gaye, 27, is facing charges associated with failing to register.A judge has ordered Gaye to spend 180 days behind bars for his probation violations. Court records indicate he will then have his probation reinstated and wear an electronic monitoring device.The Sex Offender Registry Unit completed an ...

CHARLESTON COUNTY, S.C. (WCSC) — A convicted sex offender’s probation has now been partially revoked after Charleston County deputies say he failed to report multiple internet and social media accounts.

Travis Reed Gaye, 27, is facing charges associated with failing to register.

A judge has ordered Gaye to spend 180 days behind bars for his probation violations. Court records indicate he will then have his probation reinstated and wear an electronic monitoring device.

The Sex Offender Registry Unit completed an audit of Gaye and discovered three internet or social media accounts he had not previously disclosed, sheriff’s spokesperson Lexi Douglas said.

In November, Gaye pleaded down to six counts of third-degree sexual exploitation of a minor and was subsequently required to register as a convicted sex offender. Court documents state that, in 2023, Gaye had video of an infant being forced to commit sex acts.

At the hearing, Gaye was sentenced to five years of sex offender probation, placed on the sex offender registry and told he would serve 10 years in prison if he violated probation. Gaye registered nine days later and acknowledged in his contract that he must provide internet accounts and internet identifiers.

Live 5 Investigates first followed accusations of Gaye violating probation and the registry on Feb. 23, where he stood before a judge following an arrest by South Carolina’s Department of Probation, Parole and Pardon Services.

Gaye was arrested for two violations of his parole: allegedly possessing sexually explicit materials and possessing alcohol, both of which were violations of his parole.

An order of continuance was filed, which stated that the court received an email from the General Counsel at the Department of Probation, Pardon and Parole Services four days later.

At the hearing, Judge David Graham said he would have a decision by the end of the week, but that decision was not made by the time he was rearrested.

It went on to state, “the Department’s recommendation had changed from what had been presented at the hearing.” Originally, the state recommended GPS tracking, increased levels of supervision, and continued counseling, but did not recommend more time behind bars.

Gaye’s attorney, Charlie Condon, objected to the email and any consideration of the email without a hearing, records state. The matter of Gaye’s probation violation was continued to the next available court term.

Gaye currently lives in Mount Pleasant and his proximity to nearby parks and recreational facilities has raised concerns with neighbors. He is legally allowed to live within 1,000 feet of these locations because of loopholes in South Carolina law.

PRIOR COVERAGE: SC child sex offender arrested on probation violations, released same day

He remains booked at the Al Cannon Detention Center.

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Estate Planning Attorney Mount Pleasant, SC
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