Probate Lawyer in Arcadia, SC

About The CDH Law Firm Difference

As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.

But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.

It stands to reason, then, that you should hire a probate lawyer in Arcadia, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at CHSA Law, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.

We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.

But that's just one aspect that sets CDH apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.

Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.

Understanding The Probate Process in South Carolina

When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Arcadia, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

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Steps to the Probate Process in South Carolina

01

Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.

02

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

03

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

04

The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.

05

Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.

06

Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.

07

Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.

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Avoiding Probate in South Carolina

Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.

Assets subject to probate in South Carolina include:

  • Interest in an LLC, Partnership, or Corporation
  • Real Estate Held as a Tenant in Common
  • Property Held in Only the Deceased's Name
 Probate Attorney Arcadia, SC
Probate Lawyer Arcadia, SC

Assets that are not subject to probate in South Carolina include:

  • Assets Placed in a Trust
  • Assets Which Are Already Tied to a Beneficiary
  • Pension Plan Assets
  • Insurance Policies with Beneficiaries
  • Beneficiaries of Retirement Funds
  • Real Estate or Property with Right of Survivorship
  • Real Estate or Property with Joint Tenancy
  • Accounts That Are Transferable or Payable Upon Death
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Avoiding Probate: Yes or No?

Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.

Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Arcadia, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

  • Does the deceased have a valid will?
  • Is the Estate complex or large?
  • Is the Will contested?
  • Have any lawsuits been filed?
  • Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Arcadia, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than CDH Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

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A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At CHSA Law, LLC, our team of experienced probate lawyers in Arcadia, SC, can help you navigate the entire Estate Administration process. Through creative legal strategies and a clear understanding of your goals and desires, we work together to make your asset and estate visions a reality. It's never too early to get your estate in order. In fact, estate planning is important for everyone, whether you're single or married, young or old, with or without children. If you're ready to protect your assets and be prepared for probate, contact CHSA Law, LLC, today.

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Latest News in Arcadia, SC

ACRE and ARK Residential Announce Plans for ‘The Springs at Arcadia’ in Myrtle Beach, S.C.

MYRTLE BEACH, S.C.--(BUSINESS WIRE)--ACRE, a global real estate private equity firm, and its partner ...

MYRTLE BEACH, S.C.--(BUSINESS WIRE)--ACRE, a global real estate private equity firm, and its partner ARK Residential today unveiled plans for The Springs at Arcadia, a 150-unit single-family-rental (SFR) community in Myrtle Beach, South Carolina. Construction of the community is underway, and pre-leasing commenced in January of 2023.

ACRE and ARK Residential, will acquire the 150 homes directly from the builder, Atlanta-based Pulte Group. The Springs at Arcadia (www.thespringsatarcadia.com) will serve as the exclusive rental community within the larger master-planned community known as Arcadia. The partnership expects to deliver approximately 30 homes per quarter, with an estimated completion date of Q1 2024. Springs at Arcadia will be professionally managed by Elmington Property Management.

“We’re excited to plant a flag in Myrtle Beach, a market that is seeing tremendous growth recently, with particularly strong demand for SFR product,” said Bret Hewett, Vice President of Acquisitions for ACRE. “We’re thrilled to have ARK Residential partnering with us as we execute on ACRE’s broader mission of bringing high quality multifamily and SFR developments to under-served markets.”

A Cushman & Wakefield Equity, Debt & Structured Finance team of John Alascio, Chuck Kohaut, TJ Sullivan, John Spreitzer and Aaron Graves arranged $37 million in acquisition financing with Arbor Realty Trust, Inc. for the project.

“The Springs at Arcadia will be a rare opportunity for rental tenants in Myrtle Beach. The property is surrounded by tall pine trees and feels very private and secluded, while having convenient access to large employers, supermarkets, and retail centers,” said David Beare, a co-founder and a partner of ARK Residential. “In addition, the community is zoned for the Socastee school district, one of the best public-school districts in Horry County.”

The Springs at Arcadia is part of a larger roll out of branded SFR communities under ARK’s ‘The Springs’ brand. Other communities are slated to open throughout the Carolinas, Georgia and Texas. The Springs will be tenant focused offering full-service rental housing with a wide array of amenity offerings focusing on health and wellness.

The Springs at Arcadia will feature three- and four-bedroom detached homes with varying floorplans, ranging in size from approximately 1,500 to 2,300 square feet. The one- and two-story homes will offer elegant interiors with top-of-the-line finishes; high-quality, energy-efficient appliances and fixtures; fully sodded and professionally landscaped front, rear, and side lawns; and two-car garages. Residents will also have access to the master plan’s recreational center, complete with a large clubhouse, pickleball courts, a resort-style pool, and more.

Located in the northeastern portion of South Carolina between Charleston and Wilmington, North Carolina, Myrtle Beach is a coastal resort city and a hub of the Grand Strand, a 60-mile complex of beach towns and barrier islands. Myrtle Beach is the heart of South Carolina’s well-established $24 billion tourism industry, and home to Myrtle Waves, one of the largest waterparks on the eastern seaboard; the Carolina Opry; the Myrtle Beach Boardwalk; Myrtle Beach State Park; Hard Rock Park; and over 90 golf courses.

Notable employers located in the region include GE Aviation, Lockheed Martin, Honeywell, Boeing, Conway Medical Center, Grand Strand Regional Medical Center, & Tidelands Health among others.

About ACRE

ACRE is a vertically integrated private equity firm specializing in commercial real estate through active investments in both direct equity and debt capital markets as well as special situation opportunities. ACRE manages a global portfolio in excess of $3.2 billion concentrated in U.S. multifamily with holdings in the United Kingdom and Southeast Asia through separate verticals. ACRE has offices in Atlanta, New York, and Singapore.

About ARK

ARK Residential LLC (“ARK”) is a real estate investment and management platform, created by Midtown Equities LLC and its partners to pursue quality single-family rental communities, multifamily, mixed-use assets and land development opportunities in key markets throughout the United States.

Arbor Realty Trust, Inc. (NYSE: ABR) is a nationwide real estate investment trust and direct lender, providing loan origination and servicing for multifamily, single-family rental (SFR) portfolios, and other diverse commercial real estate assets. Headquartered in Uniondale, New York, Arbor manages a multibillion-dollar servicing portfolio, specializing in government-sponsored enterprise products. Arbor is a leading Fannie Mae DUS® lender, Freddie Mac Optigo® Seller/Servicer, and an approved FHA Multifamily Accelerated Processing (MAP) lender. Arbor’s product platform also includes bridge, CMBS, mezzanine, and preferred equity loans. Rated by Standard and Poor’s and Fitch Ratings, Arbor is committed to building on its reputation for service, quality, and customized solutions with an unparalleled dedication to providing our clients excellence over the entire life of a loan.

Walter Isaacson joins Arcadia Publishing

Bestselling author Walter Isaacson is joining Arcadia Publishing, the Mount Pleasant-based publisher of local and regional books.Isaacson, who has written biographies of Steve Jobs, Albert Einstein and Benjamin Franklin, will serve as editor-at-large and senior adviser for the company. He is currently a professor of history at Tulane University in New Orleans and an advisory partner at ...

Bestselling author Walter Isaacson is joining Arcadia Publishing, the Mount Pleasant-based publisher of local and regional books.

Isaacson, who has written biographies of Steve Jobs, Albert Einstein and Benjamin Franklin, will serve as editor-at-large and senior adviser for the company. He is currently a professor of history at Tulane University in New Orleans and an advisory partner at financial services firm Perella Weinberg Partners.

David Steinberger, president and CEO of Arcadia Publishing, said Isaacson knew Michael Lynton, Arcadia’s board chairman, and expressed an interest in working with Arcadia to connect people with their pasts and their communities.

“He had specifically returned to New Orleans, which is where he grew up, to teach at Tulane because he is really … motivated to reconnect with his hometown,” Steinberger said. “And he believes that that’s a powerful trend that is, that you can see in a lot of different aspects of American life right now. People are looking for that meaningful connection.”

Isaacson’s role, which will be part-time, entails acquiring, editing and promoting books for Arcadia, as well as assisting the company in developing new strategies and partnerships.

Steinberger said he and Isaacson have discussed several New Orleans-centric projects that the author may be working on in the near future.

“They’re very consistent with the kind of hyperlocal history that Arcadia is known for,” Steinberger said. “There are a few ideas in development, but that’s the stage we’re at right now.”

Isaacson will also be a financial investor in the company, but Steinberger said he couldn’t disclose how much Isaacson had invested in Arcadia.

Arcadia was acquired in May by an investor group led by sister and brother Lili Lynton, co-founder of The Dinex Group, and Michael Lynton, chairman of Snap Inc. and former CEO of Sony Entertainment Inc.

“We are building a publishing company uniquely positioned for growth in today’s retail and consumer environment, and Walter’s expertise and experience will be invaluable,” Michael Lynton said in a statement.

Cold storage company announces investment, new jobs for Dorchester County

RIDGEVILLE, S.C. (WCSC) - A cold storage solutions company plans to invest more than $70 million to establish operations in Dorchester County, the governor’s office announced Thursday.Arcadia Cold Storage & Logistics is a third-party cold chain services provider that focuses on handling, storage, distribution and value-added services for the food industry. The company works to bridge supply gaps within the cold chain industry through modern cold storage warehouse development and services.“We are extremely excite...

RIDGEVILLE, S.C. (WCSC) - A cold storage solutions company plans to invest more than $70 million to establish operations in Dorchester County, the governor’s office announced Thursday.

Arcadia Cold Storage & Logistics is a third-party cold chain services provider that focuses on handling, storage, distribution and value-added services for the food industry. The company works to bridge supply gaps within the cold chain industry through modern cold storage warehouse development and services.

“We are extremely excited about this project and want to express our sincere thanks to the South Carolina Ports Authority, Dorchester County, our Saxum Real Estate partners, the Governor and the Department of Commerce in the great state of South Carolina for their support,” Arcadia CEO Chris Hughes said. “We are very bullish on the Charleston market — the advantages of the Port of Charleston as a Southeast gateway out of and into the U.S. — and on our ability to provide the specialized and unique handling and storage services that will be required for retailers, frozen and refrigerated food manufacturers, and fruit and produce importers to grow their market share in the region. Most importantly, we are proud to bring new jobs to Dorchester County and the surrounding communities.”

The new operation, which will be located at the Ridgeville Industrial Campus, will support high-volume throughput handling services including a variety of value-added services, full pallet handling, case picking and transportation management. The company will utilize the Port of Charleston to support both import and export trade.

“The demand for efficient food distribution across the United States will only continue to grow, and it’s innovative companies like Arcadia Cold Storage & Logistics that are answering the call and addressing supply gaps,” Gov. Henry McMaster said. “We are proud to welcome this company to Dorchester County, and look forward to the positive impact they will make in South Carolina and on the U.S. food supply chain.”

The company expects the investment will create 69 new jobs.

“We are excited to welcome Arcadia Cold Storage & Logistics to Dorchester County and celebrate the 69 new jobs that the company will create,” Secretary of Commerce Harry Lightsey said. “South Carolina’s talented workforce, ideal East Coast location and efficient infrastructure network make our state the perfect location for Arcadia Cold Storage & Logistics’ new operations.”

The facility is expected to be operational by early 2024. Those interested in joining the Arcadia Cold Storage & Logistics team should visit the company’s careers page.

Copyright 2022 WCSC. All rights reserved.

Arcadia Elementary's Chuck Bagwell named SC Principal of the Year

Arcadia Elementary School was in full celebration mode on Tuesday.It was a surprise celebration honoring the school’s leader, Principal Chuck Bagwell, who was announced as the state’s 2013 Elementary School Principal of the Year by the S.C. Association of School Administrators.Bagwell was greeted in the school auditorium by a bouquet of balloons and a room full of cheering students, teachers and administrators, representing the school, District 6 and the state.Bagwell was nominated for the titl...

Arcadia Elementary School was in full celebration mode on Tuesday.

It was a surprise celebration honoring the school’s leader, Principal Chuck Bagwell, who was announced as the state’s 2013 Elementary School Principal of the Year by the S.C. Association of School Administrators.

Bagwell was greeted in the school auditorium by a bouquet of balloons and a room full of cheering students, teachers and administrators, representing the school, District 6 and the state.

Bagwell was nominated for the title by the school district and selected after a competitive application and interview process.

SCASA Executive Director Molly Spearman said Bagwell’s dedication to the school and its students during his 10 years as principal was obvious.

“His passion and just the total commitment to this school came in loud and clear,” Spearman said. “He goes far beyond what is required to be a great principal.”

District 6 Superintendent Darryl Owings said it was Bagwell’s true passion for the school and community that prompted his recommendation for the award. Owings pointed out Bagwell’s emphasis on family involvement through weekly parenting classes that also provide opportunities for caregivers to improve their English skills. More than half of Arcadia’s student population is Hispanic, and many take ESOL (English for Speakers of Other Languages) classes.

“When you think of Dr. Bagwell, you think of total immersion into a school and into a community, a true love for the school and the children — not only the academic piece,” Owings said. “The total care of the students and their families is evident when you walk into the school.”

Bagwell said he was “dumbfounded” to hear the news and credited the support of teachers, other administrators and the community. He also praised Arcadia’s students.

“I enjoy just being here and watching them grow,” Bagwell said. “This is my mission field.”

Students said that Bagwell’s new title is well deserved. Many stopped to offer hugs or enthusiastic high-fives after the assembly.

Fifth-grader Geovanny Chavez said that Bagwell “is good to all students and teachers.”

Yazmin Chavez, also a fifth-grader, said that her principal is lots of fun.

“He does lots of activities to support the school,” said Yazmin, 10. “He encourages us to study, and I always see him with a smile. He deserves this and much more.”

Possible new type of glacier just discovered on Mars

A potential Mars landing site might be underlain by debris-covered glaciers.Strange sinuous features on a flat plain known as Arcadia Planitia bear a striking resemblance to ice streams within ice sheets in Antarctica, a new study finds. If these shallowly covered glaciers do, in fact...

A potential Mars landing site might be underlain by debris-covered glaciers.

Strange sinuous features on a flat plain known as Arcadia Planitia bear a striking resemblance to ice streams within ice sheets in Antarctica, a new study finds. If these shallowly covered glaciers do, in fact, exist, they could be a reason to direct future crewed missions to Mars toward the region. The spot was already intriguing to SpaceX and NASA because it is a broad, flat plain, which is ideal for landing spacecraft. If there is ice not too deep below the surface of the plain, astronauts could also have a water source easily at hand.

The newfound flow-like features are strange because they occur on flat terrain, said study leader Shannon Hibbard, a doctoral student at the University of Western Ontario in Canada.

"There's lots of evidence that this is an ice-rich area, but we don't have any major topographic relief occurring where these sinuous features are," Hibbard told Live Science. "They're existing in a pretty flat-lying plane, so that was kind of odd."

Related: 5 Mars myths and misconceptions

Mystery landforms

Arcadia Planitia is in Mars' northern lowlands. In the last 3 billion years, active lava flows smoothed over this region, so that it is far less pocked with craters compared with other parts of the planet. Data collected from orbit over the years suggest that the ground in the region is rich in hydrogen. Because water is made of hydrogen and oxygen molecules, this hydrogen suggests the presence of water ice right below the surface.

For decades, scientists have noticed features on Mars that look ice-related. Alongside low hills, there are aprons of debris known as lobate features because of their shape, which look like the outflow of glaciers covered in a thin layer of rocks. There are also striated patterns within gullies that look similar to glaciers flowing through valleys on Earth.

Similar features occur in Arcadia Planitia, Hibbard said. Lobate features occur near a set of mountains known as the Erebus Montes that rise from the plain. Sinuous features snake through low-lying areas. She and her colleagues pulled together observations from multiple different instruments to try to identify these features. This included photographs from orbit, thermal data showing the temperature of the surface in both day and night, albedo data that reveals the reflectivity of the surface, information on the dust cover and data on elevation and topography.

Glacial flow

The sinuous features were the big mystery, Hibbard said, because they looked like they were made by ice flow, but the terrain wasn't steep enough to explain why the ice would be moving.

"We had to try to figure out what the heck are they, why do they have the thermal signatures that they have, why are they so bright in both day and night, why do they appear to have flow features, why are they channelized, why do they occur near lobate debris aprons?" she said.

Related: Photo tour of Jezero Crater: Here's where Perseverance landed on Mars

The analysis suggested that these features were, in fact, glacial in origin. The sinuous shapes looked similar to other features associated with slow-flowing material seen on Mars, Hibbard said, and the data suggested that these spots were indeed rich in ice.

What the sinuous features look most like, Hibbard said, is ice streams within ice sheets on Earth, which occur primarily in Antarctica. These faster-moving flows of ice aren't well understood on Earth, Hibbard said, much less Mars, but they do show an example of ice flowing in fairly flat terrain.

This is a controversial claim, Hibbard said, because most ice streams on Earth require at least a thin layer of liquid water at their base to lubricate their flow. It's not clear whether subglacial water exists or ever existed on Mars, she said, nor is it clear whether a wet base would be required to cause ice streams to flow on the Red Planet. One possibility is that in the past, when Mars' orbit was tilted differently than it is today and its climate was different, subglacial melt could have occurred.

"Ice streams are something that might be on Mars and might suggest more complex glacial processes have taken place on Mars, which I think is really interesting," Hibbard said.

Related content

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The next step, she said, is to investigate the terrain surrounding these sinuous features for more clues. Arcadia Planitia has never been studied except from orbit, but it might be an exciting place to send future Mars missions, she added.

"It would be an interesting place to land not only for the accessibility of water ice and abundance of water ice, but also for the scientific value," Hibbard said.

The research appears in the May issue of the journal Icarus.

Originally published on Live Science.

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