Probate Lawyer in Charleston, 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 Charleston, 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 Charleston, 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 Charleston, SC
Probate Lawyer Charleston, 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 Charleston, 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 Charleston, 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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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

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 Charleston, 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 Charleston, SC

Dispute between Sullivan’s Island and Charleston Water System continues

Sullivan’s Island Town Administrator Andy Benke recently sent a check for more than $200,000 to the Charleston Water System (CWS) in an effort to solve a dispute between the two entities, but, unless the town comes up with another $850,000 or so before July 20, CWS has threatened to cut off the town’s water supply.At an April 1 meeting, the Sullivan’s Island Town Council voted to approve a payment of $227,381.92 to the water system, a figure determined by water utility rate consultant Raftelis, based on a 1994 contra...

Sullivan’s Island Town Administrator Andy Benke recently sent a check for more than $200,000 to the Charleston Water System (CWS) in an effort to solve a dispute between the two entities, but, unless the town comes up with another $850,000 or so before July 20, CWS has threatened to cut off the town’s water supply.

At an April 1 meeting, the Sullivan’s Island Town Council voted to approve a payment of $227,381.92 to the water system, a figure determined by water utility rate consultant Raftelis, based on a 1994 contract between CWS and the town. Benke said the check was mailed, but, as of April 11, there was no word from CVS and no indication the check had been cashed.

CWS CEO Mark Cline insists that the town of Sullivan’s Island owes the water system $1.078 million, a difference of $850,618.08. Since they are still trying to solve this issue through mediation, neither side is saying much, though both the water system and the town released statements regarding the disputed terms of the 1994 contract.

“Charleston Water System does not agree with the town of Sullivan’s Island’s viewpoint or its recollection of the historical facts,” Cline said in a statement released by the water system. “We fully intend to discontinue the town’s water service July 20 unless their past due amount is fully paid and they have entered into a new contract that appropriately covers the costs of providing water service to their community. It’s not fair that our other customers have been subsidizing the town’s service for years now.”

“Charleston Water System wants the town to ignore the terms of the signed agreement we entered into almost 30 years ago, after Hurricane Hugo devastated our independent deep water well system,” Sullivan’s Island Mayor Pat O’Neil said in his own statement, which was released on April 3. “We entered into that agreement at a significant cost to ensure that our residents would have certainty as to the source of our water for decades to come. It’s hard now to accept the baseless claim that CWS is ‘subsidizing’ Sullivan’s Island when we paid almost $2 million in 1994 dollars to support the infrastructure that allowed them to sell water to us and to our neighbors on the Isle of Palms and when in 2020 we gifted them an easement through our public park and playground so there would be additional capacity to sell water to our neighbors in Mount Pleasant.”

According to CWS spokesperson Michael Saia, the $1.078 million it is demanding is “the cumulative portion of their bill they haven’t been paying since 2017. They paid this portion in full and without question for the first 22 years of the contract and then suddenly stopped on their own accord that year.”

The 1994 agreement between Sullivan’s Island and CWS states that “The life of this contract shall extend for a term of 30 years from the date of execution and shall be automatically renewed for additional 15-year periods unless Sullivan’s Island gives 180-day written notice. … of its intent not to renew this contract.”

Prior to presenting his April 1 motion to pay the Charleston Water System $227,381.92, Sullivan’s Island Town Council member Justin Novak pointed out that “Years ago, Charleston Water System decided to raise our rates as if our signed contract did not exist. The town disputed that rate increase and has continued to pay the undisputed amount owed in accordance with our long-standing, signed agreement.”

He added that the town has placed the disputed amounts in escrow, “pending a resolution of the dispute.”

When the contract was signed in 1994, the town agreed to pay CWS $1,986,216 to help with the cost of connecting its lines to Sullivan’s Island. O’Neil pointed out in a recent interview that the contract said Sullivan’s Island would not have to pay any additional capital charges except for work done for the benefit of the island’s water supply.

Peguero Comes Through as RiverDogs Walk-Off Fireflies 3-2

Charleston, SC - Odalys Peguero delivered a walk-off RBI single to right field with two outs in the bottom of the ninth inning as the Charleston RiverDogs edged the Columbia Fireflies 3-2 on Wednesday night at Joseph P. Riley, Jr. Park. The RiverDogs have won the first two games of the series by the same score. Wednesday’s game was played in front of a crowd of 2,934.The final inning began without much action as Nicholas Regalado retired the first two hitters without a problem. That quickly changed with consecutive walks to Carl...

Charleston, SC - Odalys Peguero delivered a walk-off RBI single to right field with two outs in the bottom of the ninth inning as the Charleston RiverDogs edged the Columbia Fireflies 3-2 on Wednesday night at Joseph P. Riley, Jr. Park. The RiverDogs have won the first two games of the series by the same score. Wednesday’s game was played in front of a crowd of 2,934.

The final inning began without much action as Nicholas Regalado retired the first two hitters without a problem. That quickly changed with consecutive walks to Carlos Colmenarez and Narciso Polanco. Those bases on balls put the winning run in scoring position for Peguero. The second baseman dropped a single into shallow right field as Colmenarez slid across home plate with the decisive run.

Charleston (6-5) received a booming solo home run from right fielder Angel Mateo in the second inning to open the scoring. The long ball was his second of the year and the team’s eighth. All eight of the round-trippers have been solo shots.

Columbia (6-5) pulled even in the fifth, the final inning tossed by starter Gary Gill Hill. Austin Charles worked a leadoff walk in that frame and stole second base. He scored on Jhonny Perdomo’s single through the right side of the infield.

A bases loaded wild pitch from Doug Kirkland allowed the RiverDogs to move back ahead by a 2-1 margin in the seventh. The Fireflies answered back in short order, tying the game on an RBI single from Erick Torres in the top of the eighth.

Catcher Dionmy Salon went 3-3 at the plate to lead the Fireflies offensive attack. Mateo finished 2-4 with a double and a home run for the RiverDogs.

Gill Hill did not factor in the decision after allowing just the one run in 5.0 innings. Columbia starter Ethan Bosack was also dominant, surrendering a single run on a lone hit in 6.0 innings. He struck out seven. Gerlin Rosario tossed 2.0 scoreless innings out of the Charleston bullpen, allowing only one baserunner. Will Stevens took home the win despite allowing one run in the eighth inning.

Ballpark Fun

The first installment of a three-piece championship bobblehead collection was handed out to the first 1,000 fans into the ballpark on Wednesday night. The bobblehead featured 2021 standout Curtis Mead, who is currently on the Tampa Bay Rays roster. Bobbleheads featuring Carson Williams and Xavier Isaac are coming later in the schedule.

RHP Santiago Suarez (1-0, 0.00) will be on the mound for the RiverDogs in game three of the series, slated for Thursday night at 7:05 p.m. RHP Emmanuel Reyes (1-0, 6.30) will toe the rubber for Columbia. $1 beers will be available throughout The Joe on the first Budweiser™ Thirsty Thursday of 2024.

Copyright 2024 WCSC. All rights reserved.

Deputies arrest Ladson mother in the fentanyl-overdose death of her baby

The coroner has identified the infant victim.CHARLESTON COUNTY, S.C. (WCSC) - A Ladson mother has been charged by the Charleston County Sheriff’s Office in connection to the May death of her child.Charleston County Sheriff’s Office spokeswoman Lexi Douglas said Sara Shakeri-Taylor, 39, of Ladson, has been charged with homicide by child abuse.The Charleston County Coroner has identified the infant as 10-month-old Aminah Gathers.Deputies say this stems from a call for service that took place May 15 whe...

The coroner has identified the infant victim.

CHARLESTON COUNTY, S.C. (WCSC) - A Ladson mother has been charged by the Charleston County Sheriff’s Office in connection to the May death of her child.

Charleston County Sheriff’s Office spokeswoman Lexi Douglas said Sara Shakeri-Taylor, 39, of Ladson, has been charged with homicide by child abuse.

The Charleston County Coroner has identified the infant as 10-month-old Aminah Gathers.

Deputies say this stems from a call for service that took place May 15 where they responded to a home on the 4400 block of Hardwood Street following reports of an unresponsive infant.

Shakeri-Taylor was home with the infant’s father, 41-year-old Sandy Sharron Gathers, who was previously arrested during this call. Douglas said at the time that a second person was also facing charges but that deputies would not be releasing that information.

At the scene, deputies began performing lifesaving measures until firefighters and EMS arrived. The infant was taken to Summerville Medical Center where she was later pronounced dead.

An autopsy revealed no obvious injuries or cause for the death of the baby, however, a toxicology exam showed the baby had a large amount of fentanyl in her system. Her death was ruled a fentanyl overdose.

Deputies collected evidence from the scene, ranging from baby bottles, formula and a pacifier to a dollar bill with a powdery substance. That evidence was collected and sent to the South Carolina Law Enforcement Division. Affidavits said all items tested positive for fentanyl.

“As a parent, it shakes me to my core to see people be so careless and negligent with their children. This mother made a terrible decision, and she is where she belongs,” Sheriff Kristin Graziano said. “The people of Charleston County should be advised that my deputies work hard to get people like this off the street.”

“Aminah’s death was preventable. She is the victim of a failed system, a fentanyl epidemic and unimaginable neglect by those who were responsible for her care. Aminah will not be forgotten as we seek justice for her and do all we can to prevent this from happening to other children in our community,” Coroner Bobbi Jo O’Neal said.

Shakeri-Taylor has also been charged with three counts of conspiracy, three counts of animal fighting or baiting and one count of ill-treatment of animals, charges which are similar to Gathers’ charges.

Affidavits further detail the incident as it occurred that day, with detectives stating that, when they arrived at the scene, Gathers advised that he had come home from work and found Shakeri-Taylor sleeping and the infant laying on her stomach at the foot of the bed, unresponsive.

As detectives were investigating this death, they say they found evidence of dogfighting, including tethered and caged pitbulls and pictures and video evidence of the crimes, leading to the additional charges.

The couple was allegedly running their dogfighting operation under the guise of an unlicensed “kennel.”

Copyright 2024 WCSC. All rights reserved.

Gamecocks Take On College of Charleston

COLUMBIA, SC – South Carolina women’s soccer (1-0-0) will continue the 2024 campaign at home, taking on the College of Charleston (3-0-0) at 7:00 p.m. in Stone Stadium. The game will be broadcast live on SECN+.LAST TIME OUTThe Gamecocks opened up the season with a dominant 5-1 win over Furman, highlighted by a hat trick in the first half by newcomer Katie Shea Collins. Collins’ first goal happened just 34 seconds into the game, marking the second-fastest goal in program histor...

COLUMBIA, SC – South Carolina women’s soccer (1-0-0) will continue the 2024 campaign at home, taking on the College of Charleston (3-0-0) at 7:00 p.m. in Stone Stadium. The game will be broadcast live on SECN+.

LAST TIME OUT

The Gamecocks opened up the season with a dominant 5-1 win over Furman, highlighted by a hat trick in the first half by newcomer Katie Shea Collins. Collins’ first goal happened just 34 seconds into the game, marking the second-fastest goal in program history. Veteran forward Cat Barry also scored, along with rookie Kylie Cino.

For her performance, Collins earned her first career SEC honor, picking up Offensive Player of the Week. South Carolina will be without Collins for a few games, as she travels with the U.S. Youth National Team to participate in the U-20 FIFA World Cup in Colombia.

SCOUTING THE COUGARS

Sunday’s meeting with Charleston will be the 11th in program history. The Gamecocks hold a 7-1-2 advantage over the Cougars, having won six of the last seven matchups. Carolina last squared off with Charleston on the road (Aug. 22, 2021), winning the battle 3-0.

The Cougars head into the match undefeated (3-0-0) after taking down High Point 3-0.

Parking Info:

Fans will have the option to park in the grass lot located behind the Athletic Village Parking Garage, at any of the City of Columbia metered spots located around Stone Stadium (subject to fees required through the ParkMobile app), the Roost parking lot, or the parking lot at the indoor tennis facility. The Athletics Village Parking Garage will not be available.

Single-game tickets are now on sale. Tickets are $10 for adults and $5 for youth 17 and under, and $3 for groups of 15 or more (with pre-purchase). Fans can also purchase the Gamecock Go Pass for $20 a month. The subscription mobile pass will give you access to all non-conference home football games and all home games for men’s and women’s basketball*, baseball*, softball, men’s and women’s soccer and volleyball.

For the latest on women’s soccer, visit GamecocksOnline.com or follow the team’s social media accounts @GamecockWSoccer.

Game-changer: SC Surf and Charleston Battery to open multi-million-dollar soccer complex in Awendaw

AWENDAW — A multi-million-dollar soccer-specific complex will be ready for games and training next weekend, both for youth and for the Charleston Battery second division club.The recreational facility will be located on a 104-acre property along U.S. Highway 17-North in Awendaw, a lot acquired through a charitable family foundation from the McCaskill family, who have owned the land since the 1970s.South Carolina Surf soccer club will be the...

AWENDAW — A multi-million-dollar soccer-specific complex will be ready for games and training next weekend, both for youth and for the Charleston Battery second division club.

The recreational facility will be located on a 104-acre property along U.S. Highway 17-North in Awendaw, a lot acquired through a charitable family foundation from the McCaskill family, who have owned the land since the 1970s.

South Carolina Surf soccer club will be the anchor tenant of the initial 12-acre phase, which will feature three artificial turf fields. The Charleston Battery also plans to build a training facility on the property.

The S.C. Surf complex will include:

• More than five acres of artificial turf.

• Two FIFA-regulation full-size fields.

• One 9 v. 9 field for younger players.

• A dedicated goalkeeper training area.

The club also plans to have a covered pavilion and permanent restroom structure that will be added in the coming months.

“There are huge demands for rectangular athletic fields in Mount Pleasant and really across Charleston,” said Tripp Moye, S.C. Surf’s board president. “The Mount Pleasant Recreation Department does a great job with youth programs, but the town has grown so much in the last 15 years, it’s hard to keep up with the demands for practice and playing fields.”

S.C. Surf is one of the largest youth clubs in the area, supporting 55 teams and more than 1,000 players under its umbrella.

The artificial turf on the fields in Awendaw will be the same type used by Major League Soccer’s Atlanta United FC and Charlotte FC.

“We think this field is going to be a game-changer for this area,” Moye said. “There is not another facility like it in Charleston. We have parents going to other cities like Charlotte and Atlanta and seeing their facilities they have, and I’m sure some of them wondered why we didn’t have a similar facility here in Charleston.”

On a hot, sticky night in July, Cade Halemanu took the mound for the Charleston RiverDogs against Columbia at Riley Park.

The 23-year-old pitcher struck out the first batter, and then got Columbia outfielder Erick Pena to fly out for the second out.

Down 2-1 in the count to second baseman Jhonny Perdomo, Halemanu threw a 90-plus mph fastball right down the middle of the plate.

Perdomo smacked a line drive with an exit velocity topping out at 103 mph right back at Halemanu, who had less than a second to react and protect himself.

Halemanu turned his head at the last instant, and the ball slammed into the back of his skull.

“There’s really not a whole lot you can do to protect yourself in those situations,” Halemanu said of that July 11 incident. “It happened so fast, you don’t have time to react. I’m not going to lie, it was scary, but I think it was much more difficult for the people watching than it was for me.”

Halemanu walked off the field, but suffered headaches and blurry vision for a couple of weeks. His girlfriend wouldn’t let him touch his car keys for more than a week.

“I didn’t want to go outside, being in the sun, the bright light, would give me headaches,” he said. “My girlfriend really looked after me, she’s been great.”

When his vision cleared and the headaches disappeared, Halemanu was able to throw again.

After a month on the injured list, Halemanu returned to the mound against Kannapolis on Aug. 14, throwing a scoreless inning and giving up a single walk.

“Anytime there’s a play like that, it’s scary for the player and for everyone in the ballpark,” said RiverDogs manager Sean Smedley. “No one wants to see that happen on a ballfield and Cade has done a great job of getting himself prepared to get back out there.”

The bumps and bruises have faded and so has the memory of that night in July.

“I don’t remember a whole lot after I got hit,” Halemanu said. “I think that’s a good thing. I’m back mentally, I’m in a good spot. I don’t think about it anymore when I’m out there. Things happen for a reason; I think that this just makes me hungrier to get back out there.”

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