Probate Lawyer in Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, SC
Probate Lawyer Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, SC

Brewery in Fountain Inn flour mill entertainment campus to open soon

FOUNTAIN INN — Three buildings on the edge of Fountain Inn's downtown have long stood unused, further deteriorating with the passage of each year.In 2021, developer Bryan Beal bought them with plans to transform the fallow tract at the intersection of Wall and Ellison streets into an entertainment campus, complete with a brewery, food hall and outdoor event space.That vision is now coming into sharper focus every day as work continues on the three historic buildings.The brewery, a secondary gathering space and an o...

FOUNTAIN INN — Three buildings on the edge of Fountain Inn's downtown have long stood unused, further deteriorating with the passage of each year.

In 2021, developer Bryan Beal bought them with plans to transform the fallow tract at the intersection of Wall and Ellison streets into an entertainment campus, complete with a brewery, food hall and outdoor event space.

That vision is now coming into sharper focus every day as work continues on the three historic buildings.

The brewery, a secondary gathering space and an open green space are set to open this spring, while the food hall will likely be up and running by late summer or early fall.

Construction crews broke ground on the renovations in February 2023, and the site has transformed in the year since.

Each of the buildings standing on the site — a former flour mill and two nearby structures — will each serve a separate function.

The three-story mill, originally built in the early 1940s, will be a full-service brewery with some food offerings, including pizza. The first floor will have a 15-tap bar, while the second floor will function as a coworking space during the day and a secondary bar and event space in the evening. The third floor will not be open to the public, though Beal said he hasn't ruled out updating it in the future to make it fit for commercial use.

While the structure is undergoing a major renovation, Beal is striving to preserve as much of the structure as possible. Much of what he couldn't repurpose will remain intact as aesthetic nods to the mills past. That includes a staircase and elevator shaft on the second floor that have been encased in glass for display.

Last week, most of the equipment needed to brew beer at the facility was installed on the basement level.

Beal said the next building over, which sits in the center of the .75-acre property, will be part history museum, part gathering space. Disused milling equipment found in the mill buildings will be put on display, and the building will include additional seating. Bay doors in the back will open onto a porch overlooking the open green space, which will connect all three buildings.

The planned size of that outdoor space has roughly tripled with the acquisition of another nearby property. It will include a 21-by-12-foot screen for sporting events.

Greenville News

In addition to expanding the green space, the purchase of the abutting property will allow for the addition of a parking lot, and Fountain Inn is adding a city lot nearby.

The third building, which stands in the northwest corner of the property, is set to open several months after the rest of the project. It will include a food hall featuring local vendors as well a full bar with taps offering beer from the nearby brewery. It will also include an "entertainment component" with games, though the specifics have not been finalized.

Greenville Business

Fountain Inn City Administrator Shawn Bell, who first helped Beal identify the property as a development opportunity, said the project will be a significant contribution to the city's downtown.

"I don't think there is anything around that is like this," he said. "I think there are going to be people that will want to travel from all over to experience what the flour mill has to offer."

EV giant Tesla to open Greenville County distribution facility

Listen to this articleTesla will open a regional distribution center in Fountain Inn in in early 2024, according to a news release from theThe center is believed to mark Tesla’s first major investment in operations in South Carolina, the release stated.The facility will be located in Fox Hill Business Park — the Class A business and industrial park that came online in 2020 as the first major business park developed in Greenville County in well over a decade, according to the release.Fox Hill Business ...

Listen to this article

Tesla will open a regional distribution center in Fountain Inn in in early 2024, according to a news release from the

The center is believed to mark Tesla’s first major investment in operations in South Carolina, the release stated.

The facility will be located in Fox Hill Business Park — the Class A business and industrial park that came online in 2020 as the first major business park developed in Greenville County in well over a decade, according to the release.

Fox Hill Business Park, located on 172 acres in the city of Fountain Inn, is being developed by The Sudler Cos., a family- and veteran-owned and operated development firm based in Chatham, N.J., according to the release. The Tesla facility in Greenville County will mark the second such venture between Tesla and The Sudler Cos. in 2023, the duo having announced a similar project near Tampa in 2023.

“Tesla’s commitment to Fox Hill Business Park in Greenville County is a testament to the continued strength of our company’s partnership with Tesla and to the indisputable drivers that make the park and the Upstate a force in the logistics world,” said Brian Sudler, principal with The Sudler Cos., in the release. “Access to world-class labor, a friendly business environment, quality of life and proximity to more than 90 million people within one day’s drive combine to make Greenville County the vital and dynamic area it is known to be.”

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Tesla’s work in Greenville will focus strictly on distribution of vehicle parts regionally and will not include manufacturing, officials report, the release stated. Tesla will absorb all of Fox Hill’s Building 3, comprised of 251,100 square feet. Depending on final development strategies, the Fox Hill Business Park campus can accommodate up to 2.5 million square feet of manufacturing, distribution, and warehousing activity across multiple buildings.

Total investment and planned job additions by Tesla have not been made public. Late in 2023, Tesla posted a hiring notice for a training leader to support and train employees at the new facility in Greenville County.

A company focused on accelerating the world’s transition to sustainable energy, Tesla is committed to building a world powered by solar energy, running on batteries, and transported by electric vehicles that charge with clean energy, the release stated. Tesla operates six vertically integrated factories across three continents and employs over 100,000 employees who design, build, sell and service Tesla products in-house.

The Tesla announcement is the latest major announcement for Fox Hill, which also saw the recent addition of Sage Parts Plus, a global leader in replacement parts for aviation ground support equipment, according to the release. Sage Parts opened new distribution operations in Fox Hill Business Park in mid-2023, leasing a 103,049-square-foot building to accommodate distribution operations along with its new global headquarters that houses its leadership team, purchasing, finance, customer service, HR, product management and other support departments.

The Sudler Cos. are a vertically integrated development firm that includes construction and property management departments and owns and manages over 12 million square feet of commercial real estate across America, according to the release.

“The addition of the Tesla brand to Greenville’s business ecosystem is another example of the important role that speculative development plays in today’s competitive environment, and exactly why Greenville County was so supportive of The Sudler Companies and Fox Hill Business Park,” said Kevin Landmesser, interim CEO of the Greenville Area Development Corp. “Our market is extremely strong thanks to quality investment by organizations like The Sudler Companies, and we will continue to support site development to attract more high-quality companies to Greenville County.”

Find a Unicorn at Hidden Pasture Farm in Fountain Inn, SC

You don’t have to travel to the end of a rainbow to find a unicorn; it’s right outside of Greenville! Hidden Pasture Farm, located in Fountain Inn, SC was the perfect birthday surprise. Find out about this little farm and the unique unicorn experiences they offer, along with pony rides, farm animals, play space, parties, and more!This article has been updated with 2024 pricing and information. The review is from an experience in 2019....

You don’t have to travel to the end of a rainbow to find a unicorn; it’s right outside of Greenville! Hidden Pasture Farm, located in Fountain Inn, SC was the perfect birthday surprise. Find out about this little farm and the unique unicorn experiences they offer, along with pony rides, farm animals, play space, parties, and more!

This article has been updated with 2024 pricing and information. The review is from an experience in 2019.

Check out these adorable farms and petting zoos near Greenville, SC!

The Unicorns at Hidden Pasture Farm

Having been in contact with Kate, the owner, I had booked a 2-hour “unicorn” experience in which my daughter would have one on one time with “George” the unicorn. I couldn’t wait to dress her up and bring her.

Once we arrived, we were greeted by Kate who had a wonderful story about all the unicorns at the farm and how they came to Hidden Pasture. She told us about each of their stories, where they came from, and what type of unicorns they were. George, the imperial unicorn, Sapphire, the half Pegasus unicorn who’s wings can only be seen when it rains, as well as many other “half unicorns”.

We also were introduced to “Snoopy” the turkey who had more personality than most adults I have met. We started off holding a baby bunny while the unicorns were getting ready to meet our birthday girl and my son found a playground that overlooked the chickens, ponies, and riding circle.

George the Unicorn

In excited anticipation, it was time to meet the unicorn named George. He had blue eyes (as all purebred unicorns do) a glittery horn, a wreath of flowers around his neck, and a big blue bow on his tail.

Kate handed him off so my daughter could walk him out to the pine tree forest and snap some photos. She also gave her a brush to brush his hair. He was a very smart unicorn and understood many commands, which made it easy for my 7-year-old to lead him around.

Pony Rides

After George, we were introduced to two more unicorns, as well as some ponies that the kids were able to ride. Having only rode a pony once before, the kids were excited to saddle up and ride around the circle. Even some of the chickens wanted in on the action and came up the steps to have a look.

Kate took each kid around several times one way and then the other while the sunset in the background of the farm. It was beautiful. We still had more to see after the pony ride as we continued to tour the rest of the farm and made our way to the other unicorns, the chickens, and even the peacocks where the kids were given colorful feathers.

On our walk around the farm we found out that the farm not only does birthday parties which includes bounce houses, pony rides, and the full farm experience, but also some of the ponies are taken to nursing homes to help as emotional support pets as well. Kate made it a truly unique and wonderful experience and we cannot wait to go back and visit all the new friends we made at this magical little farm.

Events at Hidden Pasture Farm

The farm offers many different special events throughout the year. You’ll find many of them on the Kidding Around Calendar.

The popular events include:

General Admission: $12 per person (age 3+). Admission for events will vary based on the event.

Hidden Pasture Farm also offers birthday parties, kids’ camps, photo shoots, venue rentals, and even a small Airbnb!

Hidden Pasture Farm245 Little Virginia Road, Fountain Inn | 864.477.9284

City of Fountain Inn creates parking spots for golf carts

FOUNTAIN INN, S.C. (WSPA) — The City of Fountain Inn has created parking spaces for golf carts in its downtown.Starting this week, golf cart owners can park in one of about 20 parking spaces downtown. The spaces have signs saying they are designated for golf carts.“In any given day in downtown Fountain Inn, you are going to see people riding around in golf carts,” Martin Lane, the city’s community relations director, said. “Families, especially, come downtown to eat or to some of our events.”...

FOUNTAIN INN, S.C. (WSPA) — The City of Fountain Inn has created parking spaces for golf carts in its downtown.

Starting this week, golf cart owners can park in one of about 20 parking spaces downtown. The spaces have signs saying they are designated for golf carts.

“In any given day in downtown Fountain Inn, you are going to see people riding around in golf carts,” Martin Lane, the city’s community relations director, said. “Families, especially, come downtown to eat or to some of our events.”

Several of the parking spaces are located along Depot Street, while others can be found in a nearby parking lot.

“We also have some food truck parking in a new parking lot downtown that’s not being utilized everyday for food trucks,” Lane said. “When it’s not being utilized for food trucks, we will use it for golf cart parking.”

“We prioritized spaces that are off of the main highway for these golf carts so that they are out of the main lines of traffic, like Main Street and highways through town,” he added. “That’s for the safety of the vehicles on the roads and people in the golf carts as well.”

Katelyn Sever, who recently bought a new golf cart, said she is looking forward to parking in one of the spaces.

“I think it is a really good opportunity for a town like this that has so many golf carts that so many people drive,” Sever said “On a golf cart in South Carolina, you’re supposed to stay within four miles of your house. If you live downtown, everything is within four miles. So, there’s always somewhere to go.”

The city is hopeful the new spaces will free up parking spaces for other vehicles.

“Parking is a premium in downtown Fountain Inn,” Lane said. “We know that. Hopefully, bringing in the smaller vehicles will allow for other vehicles to take the larger spots.”

Lane said if the new parking spaces become popular, the city will consider creating more spaces for golf carts.

The City of Fountain Inn recently added more than a dozen parking spaces for vehicles in its downtown.

Cool Off at the Free Fountain Inn Splash Pad Near Greenville, SC!

You have to check out the awesome, FREE Fountain Inn splash pad, located in the cute little town just 25 minutes south of Greenville. The town is small but the growth on Main Street is continuous, so it is accompanied by shops, restaurants, and farmers market along Main Street in Fountain Inn, SC. Here’s everything you need to know about the splash pad, plus what to do when you’re in the area.Spend a Perfect Day in F...

You have to check out the awesome, FREE Fountain Inn splash pad, located in the cute little town just 25 minutes south of Greenville. The town is small but the growth on Main Street is continuous, so it is accompanied by shops, restaurants, and farmers market along Main Street in Fountain Inn, SC. Here’s everything you need to know about the splash pad, plus what to do when you’re in the area.

Spend a Perfect Day in Fountain Inn, SC With Our Handy Guide!

Fountain Inn Splash Pad: Fun and Free

Splash pads are fantastic because kids of any age can enjoy the water without fear of swimming and all you need is a bathing suit and towel. All the splash pads in the Greenville area are free, as is this one, so it costs you nothing to come and let your kids cool off in the summer heat.

The splash pad is right behind a beautiful arbor with plenty of benches for seating. One big positive about this splash pad is the shade. No other splash pad in Greenville has immense shade, so while the kids are running around in the water, us parents are sweating it out in the hot sun. The space has seating areas that has umbrellas for shade.

Don’t miss Fountain Inn’s great parks.

The splash pad originally opened in 2019. A group called Leadership Golden Strip, which is a collaboration between Simpsonville, Mauldin, and Fountain Inn chambers of commerce, spearheaded the fundraising efforts. The City of Fountain Inn and the Chamber of Commerce also added assistance. The teams raised $125,000 for the installation of the splash pad (now you know why not every town has one – it’s not cheap).

Greenville Water donated $25,000 to the effort. They also had a local artist do a mural on the far side of the splash pad.

The Fountain Inn splash pad is right on Main Street so you can go check out the area restaurants and spend some time there. Area restaurants include Sweet Catherine’s, and Cucina 100. Also, check out Gio’s Pastry Shop for amazing Italian pastries.

You’ll also find STEAM Coffee and Cream, which has tons of kid-friendly options and delicious coffee, pastries, and tea. Plus, they will even deliver to the splash pad! You just have to call in an order (864.409.2364) and they will bring it to you, so you do not have to leave your precious shade spot.

The farmers market is across the street and during the summer, Fountain Inn hosts Friday night live music in that same space with their Sounds of Summer concert series. There are events all year round that really provide families with a wonderful small-town experience.

Also in Fountain Inn, you’ll find the Emmanuel Sullivan Sports Complex which is home to a fun, shaded playground with a ground-level trampoline. It takes just a couple of minutes to drive from Main Street to the park, where there is plenty of parking available.

The Fountain Inn splash pad is open daily. If the water isn’t on, there is a small tower on one end of the splash pad where a button can be pressed. The water will then turn on for five minutes. Just press it again to keep the water on. This is such a smart way to save water when the splash pad isn’t in use.

Public restrooms are available at the Fountain Inn Welcome Center (102 Depot Street).

Parking is available right behind the splash pad as well as directly on Main Street.

The splash pad will light up at night, too, for an extra cool ambiance.

Per the City of Fountain Inn, the following are rules and regulations for use of the splash pad:

1. All persons using the splash pad do so at their own risk. This is an unsupervised facility. 2. Water shoes are recommended.3. All children under (12) must have adult supervision at all times. Children under 6 years old must be within arm’s reach of an adult while on the splash pad.4. Clothing/swimsuits are required. Children in diapers must wear swim diapers.5. All participants must conduct themselves in a courteous, safe, and family-oriented manner.6. Water in the splash pad is not to be used for drinking.7. No running or rough play. 8. Do not sit, stand, cover, or block any of the water jets. 9. No Food, drinks, alcoholic beverages, tobacco products, and e-cigarettes are allowed. 10. No pets are allowed on the splash pad. 11. No Bicycles, skateboards, skates, or rollerblades are allowed.12. No glass containers are allowed.13. Do not use splash pad during severe weather or heavy rain or when thunder or lightning can be seen/heard.14. No electrical appliances are allowed near the splash pad.

For equipment maintenance problems, call 864.862.4675

Find more places to cool off!

Here’s our huge guide to where to swim and splash!

What splash pad in the Upstate is your favorite?

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