Probate Lawyer in Converse, 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 Converse, 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 Converse, 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 Converse, SC
Probate Lawyer Converse, 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 Converse, 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 Converse, 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 Converse, 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 Converse, SC

Converse Mill Lofts in Spartanburg County celebrates the past

SPARTANBURG — It was a homecoming of sorts for Pearl Byars, who returned recently to visit the former Converse Mill near the banks of the Pacolet River in Spartanburg County where she once worked.She was there from 1942 until 1949. The Gaffney native met her husband while working at the mill. Talmadge and Pearl saved their mill earn...

SPARTANBURG — It was a homecoming of sorts for Pearl Byars, who returned recently to visit the former Converse Mill near the banks of the Pacolet River in Spartanburg County where she once worked.

She was there from 1942 until 1949. The Gaffney native met her husband while working at the mill. Talmadge and Pearl saved their mill earnings and bought a house, later raising a family together. A lot of time has passed.

Byars turned 100 on Dec. 28. Six months later, she returned with her family to see what was left of the mill.

A lot has changed since the last time she saw it. The mill, built in 1896, once employed 1,300 workers and is listed on the National Register of Historic Places. Flooded in 1903, the mill was rebuilt at the same site near the Pacolet River.

It’s now a residential living community called Converse Mill Lofts. Residents began moving into the complex in early April. The development includes 173 loft apartments, including one-and-two-bedroom units. The development at S.C. Highway 29 between Spartanburg and Cowpens features a fitness center, outdoor pool area, outdoor grilling area and a dog washing station. It’s been a long process to get the project finished since it was first announced in 2017.

In June 2006, Scott Macdonald bought the former mill site and moved with his family to Spartanburg a year later.

He was a special education teacher in California at the time. His plan from the beginning was to transform the 247,000-square-foot building into space for residential living while preserving the character and history of the building.

Macdonald was among several people who attended a ceremony at the site on May 24 to celebrate the completion of the project.

“It feels almost surreal to get it done,” Macdonald told The Post and Courier. “We had such a long haul. It was an extraordinary journey with our partners, but we held it together as a team.”

Spartanburg News

The $50 million project was delayed several times over the past few years. The building’s roof was completely replaced. The cost of materials also increased during construction.

“We just kept going,” Macdonald said. “What was going to be a 21-month long project became a 36-month project, but look now at this amazing piece of history. It’s going to be a great economic engine for this area.”

Development on S.C. Highway 29 east of Spartanburg is expected to continue with more housing planned. Converse Mill Lofts is an example of this growth.

Over the past two years, Brooke Petty of Boiling Springs watched construction unfold whenever she drove past. Petty, who traveled with her family to celebrate the opening, was excited to see the historic site find a new use.

Petty said she had always heard stories about Pearl Byars, her grandmother, working at the mill. They took a tour of the new apartments together. Byars lives in Atlanta now with her daughter Kay Jowers. Jowers also got her first look at the new loft apartments and was amazed.

Byars would often work two shifts a day to make ends meet. The conditions were hot since there was no air conditioning at the time. During WWII, mostly women worked at the mill. Byars would commute from her home in Cherokee County to work.

“I just liked all the people there,” Byars said. “There were a lot of ladies on the job because of the war. Most of all the men were off fighting.”

The development’s common areas were repainted to match the same color used in 1903, and a loading dock at the front of the site was kept to help preserve the mill’s history. The main five-story building includes 137 loft apartments, while the former mill’s annex building has 36 loft apartments.

Converse University awarded Center of Excellence in Teacher Leadership

Home>BizWire>Converse University awarded Center of Excellence in Teacher LeadershipListen to this articleSpartanburg, SC – The South Carolina Commission on Higher Education has awarded Converse University a three-year grant to support a new Center of ...

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Converse University awarded Center of Excellence in Teacher Leadership

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Spartanburg, SC – The South Carolina Commission on Higher Education has awarded Converse University a three-year grant to support a new Center of Excellence in Teacher Leadership, making Converse the first private institution in the state to receive a second Center of Excellence.

The purpose of the new Converse Center of Excellence in Teacher Leadership (CCETL) is to provide opportunities for classroom teachers in primarily rural and underserved counties and school districts to develop their leadership skills and more effectively serve their students. Converse will partner with all seven Spartanburg County school districts plus Union County; each of the participating school districts will select teachers to participate. Over three years, this program aims to certify 66 new building administrators and offer professional development to 132 teacher-leaders who wish to remain in the classroom.

“Converse and its Departments of Education and Leadership are very grateful to the Commission on Higher Education for its continued vote of confidence and support,” said Dr. Lienne Medford, Dean of the Graduate School and Professor of Leadership at Converse University. “We look forward to expanding partnerships with our local school districts and helping to provide opportunities for in-service teachers in our communities.”

Participating teachers will enroll in either Converse’s Administrators Academy or one of its certificate-based leadership programs. In the Administrators Academy, teachers will train as building administrators, and graduates will receive their principal certification. Teachers who wish to develop as leaders while they remain in the classroom may pursue a certificate in Community Advocacy Leadership or in Leadership for Classroom Teachers. All participants will complete four graduate-level courses that may be used toward recertification, at no cost. After completing the program, participants may choose to complete additional coursework to earn a master’s degree.

The Community Advocacy Leadership certificate track incorporates courses from Converse’s new Master in Management in Community Advocacy, while the Leadership for Classroom Teachers track combines courses from the Master in Management in Professional Leadership with education courses. Teachers who complete the Community Advocacy track may return a second year for four additional courses to earn an Advanced Community Leadership Certificate.

The South Carolina Commission on Higher Education previously awarded Converse a Center of Excellence in 2020. The Center of Excellence in Rural Talent Development worked with local rural districts to train teachers in gifted and talented pedagogy and helped to support Converse’s Athena summer camp for gifted and talented elementary school students.

The Centers of Excellence program is a competitive grant program awarded to improve teacher quality and student achievement in South Carolina. The program enables eligible institutions or consortia to serve as resource centers in a specific area related to the improvement of teacher education. The Commission on Higher Education funds centers at universities and colleges across South Carolina each year.

About Converse University Converse University empowers students to become transformative leaders who see clearly, decide wisely, and act justly. Converse was founded in 1889 by citizens of Spartanburg, SC, who aimed to create an educational experience for women, and in fall 2020 it welcomed its first undergraduate co-educational incoming class. The University encompasses the School of Liberal Arts and Sciences, the School of Business and Data Science, the School of the Arts, The Graduate School, and the Converse College for Women. Converse students experience deep scholarship, transformative mentorship, experiential learning, and wonderful support for and belief in each other. Through this unique formula, Converse is a creator of opportunity for its students through a personalized education that also includes the professional and technical skills graduates need to be successful in their careers. For more information, visit www.converse.edu.

Women’s Swimming Splits Tri-Meet at Converse

SPARTANBURG, S.C. - In its return to the pool following winter break, the Lenoir-Rhyne Women's Swimming Team recorded a victory and a defeat in the Converse Tri-Meet.While the Bears were able to tally a 130-111 result over Wheeling, LR could not upend the host, Converse, which handed the Bears a 139-101 defeat.Leading the way for LR were Ella Penny, ...

SPARTANBURG, S.C. - In its return to the pool following winter break, the Lenoir-Rhyne Women's Swimming Team recorded a victory and a defeat in the Converse Tri-Meet.

While the Bears were able to tally a 130-111 result over Wheeling, LR could not upend the host, Converse, which handed the Bears a 139-101 defeat.

Leading the way for LR were Ella Penny, Ann-Cathrine Beissel and Anna Buchert, who each scored 13 points thanks to their individual accomplishments.

Penny, a native of Greer, S.C., notched a first-place finish in the 200-yard freestyle event with a time of 1:57.75. The sophomore also came in second in the 400-yard individual medley with a 4:46.45 posting.

Taking the top spot in the 400-yard individual medley was no other than her teammate, Buchert, who tallied a time of 4:45.55. The Spartanburg, S.C. native secured a second-place finish in the 100-yard butterfly with a time of 1:02.15 in her homecoming performance.

Meanwhile, for Beissel, the Wuppertal, Germany native took the top spot in the 100-yard freestyle with a 55.10 result. The freshman tacked on a second-place finish in the 50-yard freestyle with a time of 27.54.

The next wave of top showings for LR includes Devin Poteat and Olivia DeRosier. Poteat, a native of Denver, N.C., finished in second place for the 50-yard breaststroke with a time of 33.34, while coming in third in the 100-yard freestyle with a time of 56.43 to score seven points.

DeRosier, a native of Richmond, Va., recorded a second-place finish in the 500-yard freestyle with her season-best time of 5:27.41. With that performance, the freshman was able to tally six points in the meet.

Making their way onto the podium includes Isabelle Hurd, Katherine Hudson and Trinity Price, who all captured third-place finishes.

Hurd, a senior from Loganville, Ga., recorded her season-best time of 27.65 in the 50-yard freestyle. Hudson, a sophomore from Kernersville, N.C., finished with a time of 29.89 in the 50-yard butterfly. And for Price, the Kings Mountain, N.C. native posted a 1:10.48 time in the 100-yard backstroke.

The Lenoir-Rhyne Women's Swimming Team will have a quick turnaround as they host its second tri-meet of the season, welcoming Converse with Emory and Henry on Saturday, Jan. 6. The event is slated to begin at 3 p.m. at the YMCA of Catawba Valley.

Converse University Announces Six Newcomers To Women’s Team For 2023-24 Season

Courtesy: Converse AthleticsSPARTANBURG, S.C. – Converse University head swim coach Logan Simpson announces the addition of six swimmers for the upcoming season.“I am incredibly excited about this class,” Simpson said, “From a swimming standpoint, each swimmer is poised to make a big impact from day one. It is one of the fastest recruiting classes in p...

Courtesy: Converse Athletics

SPARTANBURG, S.C. – Converse University head swim coach Logan Simpson announces the addition of six swimmers for the upcoming season.

“I am incredibly excited about this class,” Simpson said, “From a swimming standpoint, each swimmer is poised to make a big impact from day one. It is one of the fastest recruiting classes in program history, but I am equally excited that we are bringing in six quality people who are going to contribute positively to our team culture. With the great group we have returning and these six newcomers, there are exciting things on the horizon for Converse Women’s Swimming.”

Kayle Buss is making her way to Spartanburg from down the road in Simpsonville, S.C., where she competed at Woodmont high school. Buss is originally from Minnesota and competed for the Riptide Swim Club before joining Y-Spartaquatics in South Carolina. While at Woodmont, was a top-15 qualifier in the state for 5A and was also a top-5 qualifier for regions. Holds records in the 200-free, 200-medley relay and the 100-breaststroke events. Concluded high school as an All-5A Region selection. During her club career, made it to the Speedo Sectional Cuts and the State Cuts. Also, holds a National Relay Record, won the athlete of the year award and the sportsmanship award. Outside of swimming, was on the honor roll every year since sixth grade, Principles honor roll and Academic Honor Roll.

Sofiya Gobora is the lone transfer in this year’s signing class. Gobora is transferring from Stonehill Gollege which is part of the Northeast Conference. While at Stonehill, Gobora was a two-time NEC Shovel Swimmer of the Week and a three-time NE-10 Weekly Honor Roll member. Gobora set the school records in the 100 IM, 200 IM, 400 IM, 100 backstroke, 200 backstroke, 200 free relay, 800 free relay, 200 medley relay and the 400 medley relay. Originally from Sarasota, Fla., Gobora was a four year letter winner and team captain of the swim team. Swam club for the Sarasota Sharks and the Tsunami Swim Club.

Ember Hill is coming to the Hub City from Salida, Colo., where she was a four year letter winner and team captain of the Salida high school swim team. While in high school, Hill placed inside the top-10 of the 100-yard breaststroke event all four years at the CHSAA 3A State Championships. Hill also swam for the Salida Cyclones Swim Team and set Colorado Season State Records in the girls 15-18 50-yard breaststroke, 50-yard burtterfly and the 100-yard breaststroke. Hill was the Seasonal State Highest Point Scorer in 2016, 2018 and 2022. During the 2022 campaign, Hill won the state championships in 8 out of 10 events including the 50 and 100-yard fly events, the 50, 100 and 200-yard breaststroke events, 1,000 free event, the 200 IM and the 400 IM. Hill also has an athletic family, her mother Tracey played tennis and ran cross country and track at Jacksonville State in the mid-1990s, her uncle Mark Wilder played tennis at the University of Alabama (1982-85) and her other uncle Joel Wilder played tennis at Jacksonville State (1990-92).

Laureen Roussel is from Fontenilles, France where she swam for Lycee Polyvalent Raymond Naves, Us Colomiers Natation and ASPTT Toulouse Natation. Was captain of the high school swim team and helped her team to a runner up finish and a third place finish at the national championship in consecutive years. Holds four club records, participated in 12 national championships and participated in the gymnasiades. Won the French championship in the Nationals two event. Outside of swimming was a delegate during high school and graduated with her baccalaureate with honors.

Kaitlin Williams makes her way to Converse from Sharpsburg, Ga., where she competed for East Coweta high school and the Summit Family YMCA Titans. A four year letter winner at East Coweta, Williams was a state finalist and MVP of her team. For her club, she holds the record in the 500 free, 1,000 free and the 1,650 free events. Williams was a team captain, state qualifier, won the coaches award, team spirit award, the honesty award and had an award named after herself. Outside of swimming, held the second highest overall French GPA, was a member of Beta Club, National Honors Society and French National Honor Society.

Ansley Young is coming to Spartanburg from Marietta, Ga., where she was a two sport athlete at Wheeler high school. Young holds the school records in the 100 fly, 200 free, 400 free and the 200 medley relay events. Young finished her high school career as a team captain and MVP. Young swam for the Stingrays Swim Club and made the Futures Cut in the 100 fly event (57.41). Young helped her club team to a top-three finish at state and swam the fly leg of the girls 400 medley relay GA LCM State winners. Outside of athletics, was part of a team that won first place at the Cobb County Film Festival and won Best Actress for her role in the film, frequent blood donor and honor roll student in high school. Young comes from an athletic family, her father played golf at the University of Georgia.

For all the latest news and information on the Converse University swim program, log onto govalkyries.com today.

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Landon Duffie Becomes First Addition to Converse University’s Men’s Swim Program

Fitter and Faster Swim Camps is the proud sponsor of SwimSwam’s College Recruiting Channel and all commitment news. For many, swimming in college is a lifelong dream that is pursued with dedication and determination. Fitter and Faster is proud to honor these athletes and those who supported them on their journey.Landon Duffie made history as the first-ever signee to the Converse University men’s team, with th...

Fitter and Faster Swim Camps is the proud sponsor of SwimSwam’s College Recruiting Channel and all commitment news. For many, swimming in college is a lifelong dream that is pursued with dedication and determination. Fitter and Faster is proud to honor these athletes and those who supported them on their journey.

Landon Duffie made history as the first-ever signee to the Converse University men’s team, with the program set to make its debut in the 2023-24 season.

Duffie, a native of Mount Pleasant, South Carolina, is a butterfly specialist who competes for the South Carolina Swim Club and attends Oceanside Collegiate Academy.

Converse University is a Division II school located in Spartanburg, South Carolina. The Converse women’s swim team currently competes in the Conference Carolinas.

Competing for Oceanside at the 2022 South Carolina 3A High School State Championships, Duffied helped propel the team to a 4th-place finish. Duffie blasted two personal bests at the meet, both of which also qualified him for the ‘A’ finals. Duffie’s 100 fly time of 54.81, over a second faster than his time from the state championships the year prior, earned him 7th in the event. In the 100 back, Duffie touched 8th with a time of 57.77.

In club swimming, Duffie put up a number of personal bests at the 2022 Palmetto State Championships in Greenville, South Carolina, notably including a 2:04.40 200 fly (3rd) and a 2:05.03 200 IM (2nd).

Top Times (SCY):

At last year’s Conference Carolinas Championship, the Converse women placed 6th of 8 teams.

With the addition of a Converse men’s team this year, there will be seven men’s teams in the Conference Carolinas looking to be crowned Conference Champions come 2024. Emmanuel is the reigning conference champion on the men’s side.

Duffie’s 200 fly time of 2:04.40 would have finished just outside the ‘A’ final (9th) at the 2023 Conference Carolinas Championship. Additionally, his 100 fly would have placed 16th at the meet (54.81).

Other members of the first men’s swimming recruiting class for Converse include Henry Winstead, Ben Huston, Kirill Lyzhin, Manny Schlichtmann, Jonathan Santibanez, and Keith Rogers.

If you have a commitment to report, please send an email with a photo (landscape, or horizontal, looks best) and a quote to Recruits@swimswam.com.

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