Probate Lawyer in Duncan, SC

If there's one thing that most families can agree on, it's that losing a loved one is tough. It's a grief-stricken time often filled with sleepless nights and free-flowing tears. Between notifying friends, planning funeral services, and working through your own emotions, the thought of Estate Administration is the last thing on your mind. But you know something must be done. You feel obligated to do something about your family member's estate but aren't sure how to proceed or when to do it. You're probably wrestling with hard-to-answer questions like:

What Happens with My Loved One's Estate?
What Happens During the Estate Administration Process?
How Long Will It Take?
Do I Receive Compensation for My Time?
What State is Probate Taking Place?

That's where Cobb Hammett comes in - to help guide you through the complicated processes of probate court in South Carolina. Because the truth is, probate can be confusing and intimidating if you're ill-equipped to deal with the court's procedures and inner workings. There is legal paperwork to draft and file, petitions to publish, notices to serve, bonds to file, and a long list of rules that you must adhere to during this time. With a probate lawyer in Duncan, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.

Service Areas

What is a Probate Attorney in Duncan, 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.

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 Duncan, 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.

Our attorneys love probate and estate-related legal services, including but not limited to the following:

Estate Administration

When our probate lawyers assist with Estate Administration, our team prioritizes efficacy and efficiency to ensure all tasks are accomplished correctly and on time. That way, our clients endure less stress while looking good in front of family members.

Estate Disputes and Litigation Cases

When an Estate is disputed and requires litigation, Cobb Hammett probate attorneys fight to win on our client's behalf. From holding unfaithful Executors accountable to contesting Wills, our team searches for the best way to achieve our client's goals.

Trust Administration

Things get more complicated in probate cases where Trusts are involved. To ensure that the terms of the Trust are met and handled correctly, our team works closely with clients to advise them on how to proceed.

Trust Disputes and Litigation Cases

Every Trust is different. By proxy, every Trust dispute must be handled in a unique manner. After a careful analysis of the Trust and South Carolina law, our team will determine the best strategy to achieve our client's goals.

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 Duncan, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

Steps to the Probate Process in South Carolina

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.

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

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

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.

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.

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.

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.

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

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

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 Duncan, 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.

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

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.

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

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 Duncan, 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.

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

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 Duncan, 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.

Suspect admits to being “high on coke,” complained of pain after Oct. 21 pursuit

CHARLESTON COUNTY, S.C. (WCBD) – The Charleston County Sheriff’s Office (CCSO) released Tuesday new dash camera video from an Oct. 21 pursuit involving Rashard Duncan in the Hollywood-Ravenel area.The video shows the suspect reaching high speeds and even driving on the wrong side of the highway, eventually ending in a mobile home community where a foot chase ensued.After Duncan’s arrest and apparent assault by another deputy, the dash camera video – which comes from Charleston County Deputy Alexander Hod...

The video shows the suspect reaching high speeds and even driving on the wrong side of the highway, eventually ending in a mobile home community where a foot chase ensued.

After Duncan’s arrest and apparent assault by another deputy, the dash camera video – which comes from Charleston County Deputy Alexander Hodge’s patrol vehicle – picked up a conversation with the suspect, believed to be Duncan, while being detained and awaiting EMS to be checked out.

The suspect can be heard admitting to being high after “having some coke” and stating that he wanted to see how fast his rental could go.

He also complained of pain on the side of his face. Duncan was punched several times with a closed fist by another Charleston County deputy – James Carter – following the pursuit.

The deputy is heard asking the suspect about his movements before being assaulted by the deputy. The suspect replied saying he was just pulling up his pants and was not reaching for a gun at the time.

Video released on Monday shows Duncan with his pants slightly down at points during the assault and arrest.

Charleston County Sheriff Kristin Graziano said she believes it is important for the public to see the events that led to the encounter between Deputy Carter and Duncan after releasing the second video.

“Our deputies face uncertain circumstances daily in their efforts to keep the community safe. I am thankful for their commitment, and we are fortunate no one was injured during the course of this incident,” she said.

Attorneys representing Deputy James Carter said the suspect reached speeds of over 100 mph during the chase and discarded items from the window while traveling on Highway 17.

Duncan was charged at the time with resisting arrest, failure to stop for blue lights, reckless driving, and various drug charges.

The sheriff’s office said it found no policy violation against Deputy Hodge during an internal review of the pursuit.

Carter was terminated from the sheriff’s office and later charged by the State Law Enforcement Divison with misconduct in office and third-degree assault and battery. He was released the same day.

President of company AFL, based in South Carolina, has been suspended

DUNCAN, S.C. —The president of AFL, a company based in Spartanburg County, South Carolina, has been suspended.Jody Gallagher was the president and CEO of AFL, a company based in Duncan.The company told WYFF News 4 in an email that Gallagher was suspended pending an internal investigation.The email said Jaxon Lang had been named acting CEO."No other comments are available at this time," the email from AFL said....

DUNCAN, S.C. —

The president of AFL, a company based in Spartanburg County, South Carolina, has been suspended.

Jody Gallagher was the president and CEO of AFL, a company based in Duncan.

The company told WYFF News 4 in an email that Gallagher was suspended pending an internal investigation.

The email said Jaxon Lang had been named acting CEO.

"No other comments are available at this time," the email from AFL said.

The AFL website says Gallagher has served as President and CEO of AFL since 2003.

The website says the company is "an international manufacturer providing end-to-end solutions to the energy, service provider, enterprise, hyperscale and industrial markets."

The website says the company has 7,000 employees worldwide.

According to the company website, Gallagher has been a member of the board of directors for AFL’s parent company, Fujikura, headquartered in Tokyo.

The website says, "Headquartered in Spartanburg, SC, AFL has operations in the U.S., Mexico, Canada, Europe, Asia and Australia, and is a wholly owned subsidiary of Fujikura Ltd. of Japan."

A news release from Fujikura posted on May 26, 2023, said there was an investigation related to "an improper real estate acquisition at a U.S. Subsidiary," after a whistleblowing complaint on May 3, 2023.

The release said in part:

"Based on a whistleblowing complaint made on March 3, 2023, we were made aware of suspicious activities regarding the personal misappropriation of real property owned by one of our US subsidiaries by a director of the Company, who is the CEO of such subsidiary, and launched an internal investigation immediately thereafter. Our investigation is still continuing at this moment, however, to date, it has uncovered that an improper acquisition was made with respect to land purchased in 2020 and a building built in 2022 by such subsidiary (the total value of such land and building at the time of acquisition amounts to approximately 6.5 million US dollars (equivalent to 847 million Japanese yen)). Further, our investigation to date has uncovered that the said officer disguised the purpose for acquiring the land and building to make such subsidiary acquire such property and that said officer used such property for a certain period for its personal purpose. The said officer has been suspended from the US subsidiary and the Company."

The company has not said whether this investigation lead to Gallagher being suspended.

Duncan Park Lake reopens for non-motorized boating and fishing after decades

SPARTANBURG, S.C. (FOX Carolina) -Dust off your kayaks and head to Duncan Park Lake, as the 14-acre lake reopens for non-motorized boating and catch-and-release fishing after being untouched for decades.“This brand new dock—it’s like, oh, it’s just a dock, what’s the big deal? It’s a huge deal,” said Sophi Schwartzbauer, communications manager for Play Advocate Live Well (PAL). “We see the potential to bring the community out together for active recreation on the lake.”The c...

“This brand new dock—it’s like, oh, it’s just a dock, what’s the big deal? It’s a huge deal,” said Sophi Schwartzbauer, communications manager for Play Advocate Live Well (PAL). “We see the potential to bring the community out together for active recreation on the lake.”

The city banned these activities for roughly 50 years due to neighborhood concerns that, according to Spartanburg Communications Manager Christopher George, are no longer relevant.

“It was a really long time ago, and there were neighborhood concerns back then about people fishing and using the lake that aren’t really relevant anymore,” George said. “Folks in the area now are way more excited about it than they used to be. It’s been one of the biggest requests we’ve had for a long time.”

The reopening aims to help visitors beat the summer heat.

“We have noticed a lot of excitement around the project. Being only three minutes from downtown, I can imagine it’s going to bring a lot of folks in,” Schwartzbauer said.

For those without a kayak, the new Share Kayak app allows users to rent kayaks by scanning a QR code. Rentals are available in hour increments, making it convenient for park visitors to enjoy the lake without having to lug their own equipment.

“You can rent it in hour increments and just bring it back whenever you like. It’s super simple—the kayak is right beside the dock, so you don’t have to lug it a long way. In theory, you can kayak all day,” Schwartzbauer said.

The park also provides life jackets, but visitors are cautioned to stay out of the water.

“Of course, we ask that no one go swimming in the lake. Non-motorized boating is great, but stay out of the water. You can fish from your boat and off the side of the lake, but we are asking you to stay out of the water,” Schwartzbauer added.

One Spartanburg county community honors beloved gardener with “Yard of the Month” awards

DUNCAN, S.C. (FOX Carolina) -In a heartwarming tribute to a cherished member of the community, Duncan is launching its inaugural “Yard of the Month” award.Celebrating the beauty of local landscapes in memory of a beloved gardener, Lisa Foster. Foster’s passion for gardening and her vibrant personality left an enduring impact on those around her, inspiring friends and neighbors to cultivate their own green spaces.“Lisa was good friends with my aunt and growing up Lisa and my aunt were always either in Lia...

DUNCAN, S.C. (FOX Carolina) -In a heartwarming tribute to a cherished member of the community, Duncan is launching its inaugural “Yard of the Month” award.

Celebrating the beauty of local landscapes in memory of a beloved gardener, Lisa Foster. Foster’s passion for gardening and her vibrant personality left an enduring impact on those around her, inspiring friends and neighbors to cultivate their own green spaces.

“Lisa was good friends with my aunt and growing up Lisa and my aunt were always either in Lias’s yard or my aunts yard working on flowers and as a little girl I got to do that with them,” Alicia Fulghum said.

Fulghum, a close friend of Lisa, reminisces about their shared love for gardening, recalling fond memories of working alongside Lisa and her aunt in their yards. Alicia treasures the gardening wisdom passed down by Foster.

“One thing Lisa and my aunt did teach me when planting a pot: you want a thriller, a filler and a spiller to go in your pot. So you want something that grows tall, that will stand out and you want something to fill out your empty spaces,” Fulghum said.

Lisa’s frequent visits to Ridge and Company, a favorite flower nursery, showed her dedication to nurturing her garden.

“She had a lot of friends, there was a community group of them and they would go flower shopping all over. They actually would come here to shop,” Fulghum said.

Lisa’s vibrant personality reflected in her garden, which showcased bold colors and diverse flora. Her dedication to beautifying her surroundings served as an inspiration to many.

“Her passing was a great loss but I think with Yard of the month and honoring her I think that will help it move forward in a positive way,” Fulghum said.

The “Yard of the Month” competition, initiated by Foster, aims to highlight yards and gardens that exemplify creativity, care, and dedication.

“Lisa, she has a beautiful garden every year. She should’ve been recognized before now. But then she became ill so we were not able to do it while she was still with us but we did it afterwards,” Mayor Shirley Clopton said.

However, the city is proud to honor her ensuring her legacy lives on through the competition.

“Yard of the month is not just about who has the best lawn or grass. There’s more to it..you really have to put some love into it and some thought,” Fulghum said.

For those who win “Yard of the Month” they will receive a $50 gift Gard from Ridge & Company Lumber & Building Supplies on Duncan Reidville rd.

Tyger River Park Has One of the Biggest Playgrounds Around: Spartanburg, SC

Have you visited Tyger River Park in Spartanburg County? This giant park is home to ball fields, a huge playground, a splash pad, and more. Read on to hear everything parents need to know about Tyger River Park.You definitely want to make the time to check out Tyger River Park operated by Spartanburg County Parks. It is located at 179 Dillard Road in Duncan, South Carolina. Don&r...

You definitely want to make the time to check out Tyger River Park operated by Spartanburg County Parks. It is located at 179 Dillard Road in Duncan, South Carolina. Don’t let appearances deceive you- there is more to this park than perfectly kept baseball fields. It’s a playground experience for all ages, especially with the brand-new renovation of 2023.

Looking for more great parks in Spartanburg, don’t miss our guide to Great Parks in Spartanburg County.

Spartanburg’s Tyger River Park is For All Ages

When you first enter the gates to Tyger River Park, you won’t be able to see the playground areas from the road that encircles the enclosure. Look for the tall tower in the center of the grounds. The brand-new playgrounds and giant sandbox are located on either side of it. Follow the signs to the Clubhouse and park there. From the parking lot, it’s a short walk to the play areas. You can get a sense of the park’s scale and use this handy park map to help plan your day.

Play Equipment for All Ages at Tyger River Park

There is truly play equipment for all ages.

The first playground is geared for younger children, toddlers to preschool age. There are slides, swings, play horses, and even a cute little house to stoke the imagination. This playground is within sight of the giant sandbox, too. Kids can bring their own sand toys or just play around in Duncan’s version of “the beach.”

The location is perfect for smaller children to independently play between the sandbox and the playground, and benches are provided for adult supervision if you are lucky enough to get a chance to sit down. The new playground includes shaded benches for parents as well.

The second playground is much bigger and caters to children ages 5-12. The many slides available are taller and faster than the smaller playground and climbing features are more challenging. There are also swings in this area.

The new playground has five benches with shade and is covered in astroturf.

Splash Pad at Tyger River Park

The splash pad is open 9 am to 8 pm between Memorial Day to Labor Day but they are opening early in 2024 on May 1st! Located just past the playground area (opposite the direction of the Clubhouse), kids can easily go from the playground to the splash pad to cool off and back to the playground. Double bonus: the splash pad is fenced in.

Clean bathrooms

The bathrooms for the public are located on the side of the Clubhouse building. They were clean and well-stocked with soap and both paper towels and air dryers. As parents, you can never underestimate the awesomeness of a park restroom that doesn’t make you cringe

A Couple of Considerations for Tyger River Park

The new playground has benches with shade and the shade screen above the sandbox does provide some relief but the playgrounds have no shade. Especially in the hot days of summer, it’s important to bring sunscreen and water. On warmer days, it is definitely best to plan on arriving early in the morning or in the late afternoon/early evening or spend hotter parts of the day at the splash pad.

Tyger River is a big park and the playgrounds are on opposite sides of the tower, which can make it hard to watch kids of different age groups. So plan on negotiating how much time you will spend on which playground or bring a second adult for help with supervision.

With proper planning, Tyger River Park is a must-do for a positive play experience for all ages. And we just love the new play equipment! With so much to do, the kids will be occupied for hours, so don’t forget to pack snacks and water or bring along a lunch to eat at the nearby picnic tables.

Find your new favorite park!

The Kidding Around Guide to Parks in the Upstate

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