Probate Lawyer in Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, 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 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.

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 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.

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 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.

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 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.

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 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.

Bobby’s BBQ in Fountain Inn, SC Will Have You Begging For Seconds

Wondering what Bobby’s BBQ & Seasoning has to offer? Delicious barbecue in Fountain Inn, SC, that’s what! Learn all about Bobby’s BBQ & Seasoning right here, including some menu highlights you don’t want to miss. Seriously, we can practically taste this article.But, wait.You’ll also find Bobby’s BBQ on our list of ...

But, wait.

You’ll also find Bobby’s BBQ on our list of Greenville’s Top 5 BBQ Places. So if you love BBQ, you’ll want to check that out, too!

When visiting Bobby’s BBQ, it doesn’t matter if it’s your first time or your 20th; you will be treated like family. Don’t believe me? How many other restaurants keep spare sets of infant clothes and diapers in both the men’s and women’s restrooms when a little guest has a blow-out?

Sarah Nelson knew if she ever owned a restaurant, she would help parents with things like that so they could enjoy a meal, even under the most stressful of situations. If you have ever been caught in a situation like that, you can appreciate the gesture. It’s just one way the Nelsons welcome diners, and why they’ve created a loyal fan base.

Bobby’s BBQ & Seasoning

Owners – Tay & Sarah Nelson

Do you have a kid’s menu? Yes

What are your contactless delivery options? Carryout or delivery

Do you offer outdoor dining? Yes – Open Air, Covered, Heated

What makes your spot unique?We are a family-owned restaurant serving Texas-style barbecue. While most Carolina barbecue restaurants are known for their pulled pork and chicken, we specialize in brisket, housemade sausage, and smoked turkey breast. We love everyone who comes to the restaurant and try to make them feel at home. Everything is made from scratch, and all of our sides are adaptations of family recipes.

What dish is the most popular? Brisket

See Bobby’s BBQ Menu right here.

What dish are you the proudest of? Brisket, Housemade Sausage, Turkey, Cheesy Potato Casserole, Banana Pudding

It’s my first time at your restaurant, what do you suggest we order? Brisket or Turkey

Gifting Options – Gift cards

Learn About Other Local Restaurants We’ve Featured on Kidding Around

What Locals Have To Say About Bobby’s BBQ & Seasoning

Bobby’s BBQ & Seasoning1301 N. Main Street, Fountain Inn, SC 29644 | 864.409.2379

Have you enjoyed a meal at Bobby’s BBQ & Seasoning? We want to know what you order when you go!

Fountain Inn restaurant to be featured on 'America's Best Restaurants': How to watch

Are you planning on ordering delicious chicken wings for Sunday night's Super Bowl? If so, you may want to give Wingnutz in the Upstate a call.The Fountain Inn restaurant, which holds a 4.4. star rating on Google, recently wrapped up filming for the online show "America's Best Restaurants." On Jan. 6, Wingnutz shared the...

Are you planning on ordering delicious chicken wings for Sunday night's Super Bowl? If so, you may want to give Wingnutz in the Upstate a call.

The Fountain Inn restaurant, which holds a 4.4. star rating on Google, recently wrapped up filming for the online show "America's Best Restaurants." On Jan. 6, Wingnutz shared the the exciting news via Facebook:

"We're one of America's Best Restaurants! But don't take our word for it ― the experts say so, too! The Wingnutz team is excited to announce that we're being featured on America's Best Restaurants! To show our appreciation, we will be giving out two $25 gift cards to our restaurants."

Here's how Wingnutz found its place among the country's best restaurants and where you can tune in to watch the episode when it airs.

How did Wingnutz get featured on 'America's Best Restaurants'?

Restaurants featured on "America's Best Restaurants" are nominated through a process. They must also be a place that is sought after to eat on a weekly basis while maintaining positive reviews.

What wing flavors does Wingnutz serve?

∎ MVP Sauce (BBQ based)

∎ Teriyaki

∎ Honey BBQ

∎ Honey Mustard

∎ Garlic Parmesan

∎ Buttery Lemon Pepper

∎ Buffalo

∎ Hot-Taki

∎ Sweet Red Chili

∎ Spicy Hawaiian

∎ Mango Habanero

∎ Cajun Dry Rub

∎ Dry Rub Lemon Pepper

∎ Salt & Vinegar Dry Rub

Where is Wingnutz located?

Wignutz is located on 201 Trade St. in Fountain Inn. Its restaurants hours are 11 a.m.-12 a.m. Sunday through Wednesday and 11 a.m.-2 a.m. Thursday through Saturday.

What is 'America's Best Restaurants'?

"America's Best Restaurants" is a traveling food show that highlights restaurants across the United States. Its goal is to help independent restaurant owners and to recommend restaurants to diners.

How to watch 'America's Best Restaurants'

You can watch America's Best Restaurants on the show's YouTube channel. The show is also available on social media, including Facebook and TikTok.

When will Wingnutz be featured on 'America's Best Restaurants'?

"America's Best Restaurants" is asking viewers to tune into Wingnutz's episode through its Facebook page, which is where the show airs for free. The show has also asked viewers to be on the lookout for the episode's airing announcement, which will soon be posted on the page.

Nina Tran covers trending topics for The Greenville News. Reach her via email at [email protected].

This Upstate South Carolina restaurant was just named one of the 'most charming' in the country

An Upstate restaurant has been recognized on a national scale.Bobby’s BBQ, which opened on the edge of downtown Fountain Inn in 2018, was named South Carolina’s most charming small-town restaurant by Food Network.“While many barbecue joints are run by a pitmaster with decades of experience, Bobby&r...

An Upstate restaurant has been recognized on a national scale.

Bobby’s BBQ, which opened on the edge of downtown Fountain Inn in 2018, was named South Carolina’s most charming small-town restaurant by Food Network.

“While many barbecue joints are run by a pitmaster with decades of experience, Bobby’s is special because its owner, “Tay” Nelson, is self-taught; he mastered the art of barbecue simply by watching YouTube videos,” Food Network writer Ni’Kesia Pannell wrote. “And while that may make one shy away from ordering up a slab, rest assured that Bobby’s is now one of the best barbecue spots in the state.”

Owner Octavius "Tay" Nelson didn’t even know his restaurant was in the running for such an accolade, he admitted. His wife, Sarah, had to call and let him know she’d seen a post.

“It is humbling and means the world to us,” Nelson said.

And yet, Nelson said, the recognition doesn’t change anything except the drive to work harder. And he has big plans. More immediately, Nelson has started doing whole hog barbecue with hash and rice on the first Saturday of each month, honoring a longstanding South Carolina tradition.

He is also focused on growing sales of his proprietary spice blends and sauces. Down the road, he would love to open another restaurant and perhaps be on television.

But everything is a process, he said. Nelson knows this well. His restaurant was the culmination of a decade of dreaming and working towards a goal.

Bobby’s BBQ is named in honor of Nelson’s father, Bobby Sr., and brother, Bobby Jr.

Growing up, Nelson’s father owned a restaurant and the younger Nelson learned the business at his father's side, but swore he’d never work in one.

But after Bobby Sr. passed away in 2008 and Bobby Jr. died in 2009, Nelson changed his mindset. He saw food as a way to connect with the people he loved and his community.

He had been playing with his father’s seasoning blend and developed a proprietary recipe that is perfect on pretty much anything.

At the same time, Nelson had gotten very interested in barbecue, particularly the central Texas style of cooking brisket in wood-burning smokers. He began experimenting, learning from YouTube videos and watching pitmasters like Aaron Franklin.

The learning, the passion and the family history culminated in the opening of Bobby’s BBQ in October 2018.

Moving forward, Nelson will continue his monthly first Saturday whole hog barbecues, and plans to continue to perfect his craft. He’s even toying with some new menu ideas.

“You are always learning,” he said. “You never get to the point where you know it all. If you do then you’re not going to grow anymore.”

See Food Network’s full list of top small-town restaurants here. And check out more about Bobby’s BBQ here. The next whole hog roast will be March 1 at the restaurant, 1301 N. Main St., Fountain Inn.

The most charming small town restaurant in SC serves Texas-style BBQ, Food Network says

Bobby’s BBQ in Fountain Inn is so good an engineer stopped his freight train to get take out.This from a pitmaster who learned the trade via You Tube videos. He and his wife, Sarah, opened in 2018.Now they have been recognized as the most charming small-town restaurant in South Carolina by Food Network.Ni’Kesia Pannell, owner of Peach State Drinks and who also writes for ...

Bobby’s BBQ in Fountain Inn is so good an engineer stopped his freight train to get take out.

This from a pitmaster who learned the trade via You Tube videos. He and his wife, Sarah, opened in 2018.

Now they have been recognized as the most charming small-town restaurant in South Carolina by Food Network.

Ni’Kesia Pannell, owner of Peach State Drinks and who also writes for Food Network, wrote, “Though some people may just eat out of necessity and travel for pleasure, the truth is that if you can find a joyous way to fuse the two together, every bite you take can easily become an adventure. And while many people believe that you have to travel to other countries or big cities to experience the best parts of life, sometimes it’s those small towns that truly bring the charm and the must-have dishes that you’ll be raving about for years to come.”

Food Network picked the “best and most iconic small-town restaurants” in each state.

Of Bobby’s she wrote, “If South Carolina is on your list of places to visit soon, stopping in the small town of Fountain Inn will be a true treat.”

She noted that what makes Bobby’s special is precisely what could make some people not want to go: his self-taught YouTube education.

But she said, “Rest assured that Bobby’s is now one of the best barbecue spots in the state.”

Located on Main Street on the way from Simpsonville just before downtown Fountain Inn, the restaurant features Central Texas-style BBQ with beef brisket, pulled pork, ribs, turkey, house-made sausage, and homemade sides — some made from Mrs. Nelson’s family recipes.

At 12, Nelson started working as a dishwasher alongside his father, a chef at a Greenville restaurant, and then during high school summers he managed the luncheon service. His father, Bobby Nelson, died in 2008, his brother Bobby Jr. in 2009, and Nelson wanted to create something in their memory.

He started a seasoning company in 2010 using the spices his father used and adding some of his own to create Bobby’s All Purpose Seasoning, then Citrus blend and a BBQ Rub. The spices were featured in Forbes holiday guide that support chefs in 2020.

He began his YouTube education in 2014 watching Aaron Franklin of Franklin Barbecue in Austin, Texas. Trial and error, cooking for friends led him to quit a manufacturing job and take what he calls a leap of faith to open Bobby’s.

He and Mrs. Nelson furthered their education learning about banking, business loans and the like before opening Bobby’s and a catering business.

It didn’t take long before lines of customers formed around the building and people were driving from Charleston, according to Google economic report.

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