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:
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 Goose Creek, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.
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.
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.
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 Goose Creek, 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:
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.
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.
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.
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.
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 Goose Creek, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility 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.
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:
Assets that are not subject to probate in South Carolina include:
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 Goose Creek, 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.
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:
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 Goose Creek, 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:
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:
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.
Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!
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 Goose Creek, 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.
GOOSE CREEK — A Berkeley County woman was indicted on federal charges this month after allegedly stealing her employer’s identity and defrauding her boss of at least $175,000.The woman, Tiffany Nelson, pleaded not guilty to the allegations during an initial appearance in federal court on Oct. 28. She was indicted earlier this month on five counts, including wire fraud, mail fraud and aggravated identity theft.The owner and sole chiropractor at an unidentified medical practice in Goose Creek hired Nelson as an office...
GOOSE CREEK — A Berkeley County woman was indicted on federal charges this month after allegedly stealing her employer’s identity and defrauding her boss of at least $175,000.
The woman, Tiffany Nelson, pleaded not guilty to the allegations during an initial appearance in federal court on Oct. 28. She was indicted earlier this month on five counts, including wire fraud, mail fraud and aggravated identity theft.
The owner and sole chiropractor at an unidentified medical practice in Goose Creek hired Nelson as an office manager in December 2015. As part of her position, Nelson could access the owner’s company and personal bank accounts.
She also knew her boss’s birthday, Social Security number and address, as well as the login information and passwords for the owner’s life insurance policy and retirement accounts.
Throughout her time as the office manager, Nelson allegedly neglected to pay business expenses and diverted funds for her own personal use. This caused the business to fall behind on bills and impacted its operating income, according to the indictment.
Beginning in at least November 2020, Nelson allegedly devised a scheme to defraud her employer’s life insurance policy with MassMutual. She called the life insurance company while impersonating her boss and requested a $20,000 loan, according to the indictment.
About a year later, she allegedly began taking steps to also steal money from her boss’s retirement account with the Capital Group American Funds investment company. She requested to withdraw $25,000 from the IRA in December 2020 and $20,000 in January 2021, according to the indictment.
In total, Nelson is accused of directly or indirectly stealing $175,000, per the indictment.
If convicted of the charges, Nelson could face a mandatory minimum sentence of two years and as much as 20 years in prison. She would also be on the line for paying back what she stole.
Because her money may need to go toward restitution, Nelson was granted a $50,000 unsecured bond by Magistrate Judge Mary Gordon Baker during her initial appearance.
Conditions of Nelson’s bond include staying in communication with her federal public defender and probation officer, not breaking the law, not leaving the state without permission and not drinking alcohol or using drugs.
Nelson no longer is employed at the chiropractor’s office. She now works in insurance billing for another business, according to information shared during the hearing.
The government voiced concerns that the victim’s daughter believes Nelson’s current role gives her the same access to financial information that she allegedly used to defraud her previous employer.
Baker ordered Nelson’s probation officer to learn more about her current job.
If she has access to financial records, a third party may need to be notified as another condition of her bond, Baker said.
GOOSE CREEK, S.C. (WCBD) – Federal agents arrested a Goose Creek man Tuesday morning after he allegedly lied to authorities about his ties to a terrorist organization and destroyed evidence to obstruct a federal investigation, the US Department of Justice said.Ala Aldeen Alshaikh, 31, was indicted for lying to FBI agents, making false statements while trying to obtain US citizenship, and destroying evidence.Alshaikh, a Sudanese national, applied for US citizenship in September 2021, the indictment states. During his inter...
GOOSE CREEK, S.C. (WCBD) – Federal agents arrested a Goose Creek man Tuesday morning after he allegedly lied to authorities about his ties to a terrorist organization and destroyed evidence to obstruct a federal investigation, the US Department of Justice said.
Ala Aldeen Alshaikh, 31, was indicted for lying to FBI agents, making false statements while trying to obtain US citizenship, and destroying evidence.
Alshaikh, a Sudanese national, applied for US citizenship in September 2021, the indictment states. During his interview with the US Citizenship and Immigration Services, he told interviewers he had not associated with a terrorist organization.
Justice officials said this was a lie and Alshaikh had pledged allegiance to and claimed membership in the Islamic State of Iraq and Syria (ISIS) in August 2021.
A year after the immigration interview in preparation for his naturalization ceremony, Alshaikh again denied connection to terrorists on a written immigration form, the indictment states.
Investigators allegedly found evidence that in October and November of 2021, AlshaikhMade statements online indicating his connection to ISIS. The statements referred to a possible attack on the US Embassy after his immigration interview, which took place on September 10, 2021.
Alshaikh also lied to an FBI agent in January 2025 by denying that he ever offered to share aviation expertise with anyone, officials said. Alshaikh, who has aviation experience, allegedly offered to mobilize and share his experience with the militant group Al-Bara Ibn Malik Brigade.
He then destroyed evidence of his online conversations with the Al-Bara Ibn Malik Brigade after he became aware of the federal investigation, according to the indictment.
If convicted, Alshaikh faces a maximum sentence of five to 20 years in prison. He was arraigned after his arrest on Tuesday morning.
His detention hearing is scheduled for September 19 at 10 a.m. before US Magistrate Judge Mary Gordon Baker.
The FBI Columbia Joint Terrorism Task Force investigated this case. Assistant US Attorneys Chris Lietzow and Everett McMillian are prosecuting the case with support from Trial Attorney Kevin C. Nunnally of the Department of Justice’s National Security Division, Counterterrorism Section.
GOOSE CREEK — Federal agents arrested a Goose Creek man accused of lying in immigration papers about his ties to the Islamic State group and obstructing federal agents.Ala Aldeen Alshaikh, 31, appeared in magistrate court Sept. 16 after a grand jury indicted him on four separate counts.They include making a false statement under oath in an immigration proceeding, making a false statement on an immigration document, making a false statement involving international terrorism to a federal agent and deleting records to obstru...
GOOSE CREEK — Federal agents arrested a Goose Creek man accused of lying in immigration papers about his ties to the Islamic State group and obstructing federal agents.
Ala Aldeen Alshaikh, 31, appeared in magistrate court Sept. 16 after a grand jury indicted him on four separate counts.
They include making a false statement under oath in an immigration proceeding, making a false statement on an immigration document, making a false statement involving international terrorism to a federal agent and deleting records to obstruct a federal investigation.
The allegations against the Sudanese national focus on comments he made online over a period of several years. He has not been charged with providing material support for terrorism or participating in a conspiracy.
Alshaikh’s various charges carry maximum penalties of between five and 20 years in prison.
Alshaikh allegedly pledged allegiance to the Islamic State group, also known as ISIS, in August 2021, according to the indictment. He is accused of lying about that to a U.S. Citizenship and Immigration Services officer during an interview a month later.
He is also accused of lying on follow-up immigration forms in March 2022 ahead of his naturalization ceremony, asking him if he had connections with the Communist Party, totalitarian organizations or terrorist groups.
The indictment alleges he destroyed records in November 2024 that included online conversations where he offered to “mobilize and share his aviation expertise” with the Sudanese militant group Al-Bara Ibn Malik Brigade, according to a statement from the U.S. Attorney’s Office of South Carolina.
The Al-Bara Ibn Malik Brigade and its leader were sanctioned by the U.S. government on Sept. 12. The U.S. State Department said the sanctions stemmed from the group’s connections to Iran and their actions during the war in Sudan, according to a news release. The UN’s human rights chief raised alarms about the group in January after reports of summary executions of civilians.
Assistant U.S. Attorney Christopher Lietzow said no other arrests have been made in connection with the investigation.
Lietzow said in court Sept. 16 that Alshaikh lied to FBI agents about his offering of support to the Sudanese militant group in January. Later, he agreed to a follow-up interview but then purchased two one-way tickets back to Sudan for different days. The FBI intercepted him as he tried to board a plane in late February, Lietzow said.
Lietzow said Alshaikh told agents he was heading back to Sudan to work on his family’s banana farm.
He is expected to have a bond hearing at 10 a.m. on Sept. 19 before U.S. Magistrate Judge Mary Gordon Baker. Bill Nettles was assigned as his public defender. He declined to comment after Alshaikh’s hearing.
Alshaikh is being held in the Sheriff Al Cannon Detention Center.