Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Buffalo, SC?

When someone passes away, their assets have to be distributed according to South Carolina state laws and the directions in their Will. Your probate lawyer will be a significant source of help in this regard, as they will guide an executor of a Will or Beneficiaries of an estate through the often-confusing probate process. From identifying notating estate assets to distributing inheritances, your probate attorney is a crucial partner during this difficult time in your life.

At Cobb Hammett, our probate attorneys understand that when a client's loved one dies, they need a caring presence by their side. But they also need a confident source of knowledge that can act on their behalf as they grieve. That's why, given the complex nature of probate law, it's a good idea to have a trusted attorney on call who can settle an estate and handle the nuanced issues that arise in probate court.

  • Walk You Through the Aspects of Your Probate Case
  • Prepare and File All Necessary Paperwork by the Mandated Deadlines
  • Help You Stay Abreast of Requirements and Responsibilities
  • Identify Estate Assets
  • Help Pay Debts and Bills
  • Transfer Assets to the Appropriate Parties
  • Assist with Estate Disputes
  • Resolve Income Tax Issues
  • Advise You of Your Rights
  • Remain Prepared and Organized to Help Reduce Your Stress

Administering a decedent's estate can be a long, arduous process. That's especially true if disputes are involved with Beneficiaries. When you consider the chances of being held liable for decisions you make as a Personal Representative of an Estate, working with a probate lawyer from Cobb Hammett Law Firm just makes good sense.

Probate Lawyer Buffalo, SC

About The Cobb Hammett 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 Buffalo, 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 Cobb Hammett, 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 Cobb Hammett 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 Buffalo, 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 Buffalo, SC
Probate Lawyer Buffalo, 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 Buffalo, 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.

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What Our Clients Say

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 Buffalo, 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 Cobb Hammett 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 Cobb Hammett, LLC, our team of experienced probate lawyers in Buffalo, 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 Cobb Hammett, LLC, today.

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Latest News in Buffalo, SC

Pride in Plastic - Buffalo Native Recycles Plastics Business In New Upstate Home

A New York transplant is thriving in the Upstate and building his business as he forges relationships to buy and sell plastics, sometimes diverting surplus and scrap materials from landfills.Just don’t ask him to recycle your old office equipment.“It’s funny. I get that question all the time,” says Larry Welnowski Jr., who owns Nickel City Polymers Inc. in Mauldin.“A guy said, ‘I just threw out my fax machine. Could you recycle that?’ I try not to laugh. But I'm, like, ‘No,...

A New York transplant is thriving in the Upstate and building his business as he forges relationships to buy and sell plastics, sometimes diverting surplus and scrap materials from landfills.

Just don’t ask him to recycle your old office equipment.

“It’s funny. I get that question all the time,” says Larry Welnowski Jr., who owns Nickel City Polymers Inc. in Mauldin.

“A guy said, ‘I just threw out my fax machine. Could you recycle that?’ I try not to laugh. But I'm, like, ‘No, I don't do that kind of recycling.’”

Post-consumer recycling happens after the City of Greenville empties the bin at the side of the road.

“There’s a big difference. We do post-industrial recycling,” Welnowski says.

'One Word: Plastics'

Through Nickel City Polymers, Welnowski purchases prime plastic resin (a petroleum-based material that could become plastic bottles or buttons on a shirt or other items consumers rely on every day). Then he distributes the resin to a processor that manufactures plastic products – from automobile manifolds to plastic gears.

Welnowski also purchases scrap plastic and then contracts with companies that grind it into flakes or granules. He sells the small, uniform pieces to companies that also produce plastic products – but made from recycled plastic.

“I've been doing this for 26 years, and it's overwhelming to me sometimes. There are a million different kinds of plastic,” says Welnowski, who moved his family and Nickel City Polymers to Greenville eight months ago from Buffalo, New York.

(His company is named for Buffalo’s nickname, the Nickel City – which comes from the so-called Buffalo nickel, minted until the 1930s with the image of an American Indian on one side and a bison on the other)

A Hotbed

“Plastic is your computer or your phone or your car. Everything feels a little different. We supply plastic pellets to anybody making anything out of plastic. It's kind of a plastic hotbed in Greenville because of the BMW plant.”

For instance, larger and mid-sized molding shops supply parts made from plastic to automobile manufacturers and other industries. Since coming to Greenville County, Welnowski has focused on cultivating customers from the shops that supply big manufacturers.

“We don't manufacture anything. We are buying from one company and selling to another company. We distribute plastic resin,” he says.

“I would say that side is about 65% of our business right now; the other 35% involves plastic recycling.”

Welnowski says he can save companies money and inconvenience – and generate income and clients for Nickel City Polymers – by buying a company’s scrap or overstock plastic, arranging for it to be re-ground, then selling it to a manufacturer that turns it into a new product made from recycled plastic.

“We’ve been doing that, frankly, for 20 years now,” he says. “We have developed customers for our recycled material by saying, ‘Hey, this works just as well as the more expensive prime material.’”

Most of Welnowski's clients are east of the Mississippi River and in Texas.

That’s partly why the move south was easy. “I fell into a group of suppliers and started developing customers in the area. Some are good friends of mine who I've done business with for 10 years or more,” Welnowski says.

Goodbye Bad Winters

He says he had long wanted to move away from the harsh winters in Buffalo – not that he was prepared for a scorching, humid summer in the Upstate.

“Buffalo has never reached 100 degrees, not one time in the history of Buffalo,” he says.

“We have nice summers in Buffalo. It’s beautiful. It starts at the end of May and lasts through the end of September, maybe a little bit of October. Beyond those months, the weather is not great. A couple of days will be nice. But the next day is 38 degrees with hail. It's aggravating.”

Welnowski says he realized he could move himself, his wife, his son and his business without waiting for retirement. His mother moved in with them for part of the winter.

“It's an adventure to move 750 miles away from where you grew up. We lived in the same house for 25 years,” he says.

“We all had our hesitations. It’s almost like we began a new life. We thought about it for a couple of years and then decided, ‘Let’s stop talking about it, just do it and see how things come together.’”

... And Better For Business

Welnowski says the move is working out well for the business.

“Back in Buffalo, there wasn't a lot of plastic manufacturing. Here, it seems like every person I talk to … even the lawyer at our house closing said his fiancée works for a company that does plastic. Everybody knows somebody who has something going on with plastic.”

The recycled plastic side of his business is growing.

Helping Clients Through Recycling

“Some of these plants are paying a company to put a dumpster on their site. They could be paying $2,000 a month for a dumpster,” Welnowski explains. “So, if they're throwing out reusable plastic and things that we can recycle, and there's a decent amount of volume for us, then we can save them that dumpster cost right off the bat.”

He partners with a business that has a fleet of trucks. “We're sending a truck to pick up the scrap, and we're paying him for the scrap also.” Another partner can grind the scrap at a plant in Piedmont.

“My job over the years has been to know everybody in the industry. We have connections upon connections,” he says. “We get our hands into every part of the plastic industry and every kind of plastic.”

At Home In Fountain Inn

Things have fallen into place for the family, too. Welnowski and his wife, Amy, bought a home in Fountain Inn. She and their son, Jared, work for the company. Daughter Alyssa led the way south. She’ll be a junior this year at Coastal Carolina University in Conway.

Ironically, people in the Upstate seem to have no trouble pronouncing his Yankee name: wel-now-ski.

“People in the South do a better job than where I'm from,” he says, wryly. Buffalo is almost 400 miles from New York City. “But still we talk fast. We often talk before we think.”

Welnowski says he and his family have needed to slow down.

“You have to practice patient listening. We're used to interrupting each other. I think that's why people pronounce my name correctly. They think about it first,” he says.

“I don't have any regrets. I love it down here. The people have been amazing.”

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