Probate Lawyer in Greenville, 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 Greenville, 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 Greenville, 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 Greenville, 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 Greenville, 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 Greenville, 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 Greenville, 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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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 Greenville, 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 Greenville, SC
LOCAL HISTORY: Execution of Jeffrey Motts, the last man to be executed in South Carolina
Zach Raineyhttps://www.wyff4.com/article/south-carolina-history-execution-jeffrey-motts-2011/61966463
COLUMBIA, S.C. —The state of South Carolina will hold its first execution in over 13 years, and it will be for a Greenville County man named Freddie Owens on Sept. 20, 2024.Owens will have the choice of his method of execution between lethal injection, electric chair or firing squad.The last execution before this was of 36-year-old Jeffrey Brian Motts, another Green...
COLUMBIA, S.C. —
The state of South Carolina will hold its first execution in over 13 years, and it will be for a Greenville County man named Freddie Owens on Sept. 20, 2024.
Owens will have the choice of his method of execution between lethal injection, electric chair or firing squad.
The last execution before this was of 36-year-old Jeffrey Brian Motts, another Greenville County man, on May 6, 2011.
Motts was serving a life sentence for murdering his great aunt and her brother-in-law in 1995. He was placed on death row in 2007 after strangling his cellmate at the Perry Correctional Institute in Greenville County in 2005.
Between lethal injection and the electric chair, Motts chose lethal injection. His last meal consisted of pizza, fried fish, popcorn shrimp, french fries, cherry cheesecake and sweet tea, officials said.
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Only three South Carolina reporters were allowed to watch Motts take his last breath.
Jeffrey Collins from the Associated Press said, "He blinked one time, and you could see his breathing was getting very shallow. He opened his eyes, blinked one more time, and then you noticed that his breathing stopped."
In a written statement, Motts apologized to his victim's family and his own family before his execution. He also wrote a warning to kids about the destructive nature of drugs, claiming narcotics destroyed his life.
"Finally to my mom and grandma 'Happy Mother's Day.' I know this is a sad one but let us remember the good times. I am finally free and peace in Heaven," Motts wrote.
Although the state was once one of the busiest for executions, South Carolina struggled for years to obtain the lethal injection drugs needed due to pharmaceutical companies' concerns that they would have to disclose the purchase of the drugs by officials.
In 2017, Brian Stirling with the South Carolina Department of Corrections said lethal injection may still be possible if state lawmakers passed a shield law, protecting the identity of companies that make lethal injection drugs.
(Video below: Senate panel held in 2017 regarding death row inmates)
Executions have remained on hold for 13 years before state legislation passed the shield law in May 2023, and in July of this year, the state Supreme Court cleared the way to restart executions, revising the policy for a one-drug protocol.
(Video below: Death penalty legalized July 31, 2024)
This led to the execution date being set in September 2024 for the first time since 2011. This makes Owens the 44th person to be executed since South Carolina reinstated the death penalty in 1977.
(Video below: Execution date set for Freddie Owens)
Greenville County Schools pauses in-person book fairs due to new South Carolina policy
Rey Llerenahttps://www.wyff4.com/article/greenville-county-schools-pauses-book-fairs/61950252
GREENVILLE COUNTY, S.C. —Greenville County Schools is pausing all in-person book fairs for this school year due to a new South Carolina Department of Education policy.District spokesperson Tim Waller said the decision to pause the events was not taken lightly. However, he said it was done so out of an abundance of caution amid the passage of SC Regulation 43-170, which oversees the selection and reconsideration of instructional materials."It requires us to scan each book and more or less keep ...
GREENVILLE COUNTY, S.C. —
Greenville County Schools is pausing all in-person book fairs for this school year due to a new South Carolina Department of Education policy.
District spokesperson Tim Waller said the decision to pause the events was not taken lightly. However, he said it was done so out of an abundance of caution amid the passage of SC Regulation 43-170, which oversees the selection and reconsideration of instructional materials.
"It requires us to scan each book and more or less keep it in a database to where it is publicly visible to parents," Waller said.
A South Carolina Department of Education spokesperson released the following statement:
"The department commends the district on its vigilance. The SCDE will offer its support for finding vendors that can give schools and families peace of mind that they are providing age-appropriate materials to our students."
District officials said that part of the reason for the pause was to protect their employees.
"With a traveling book fair, if you will, there's not enough time to go through, look at each book," Waller said. "What is the content? Determine if it meets the criteria of 43-170."
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Patrick Kelly of the Palmetto State Teachers Association said the district's decision is disappointing but doesn't blame the district for being cautious.
"Book fairs are such a formative experience for students," Kelly said. "It's also concerning because book fairs are a significant fundraiser for schools in South Carolina, especially at the elementary school and at many of our Title I schools."
Officials said the pause allows the district to come up with a process to eventually bring book fairs back, but teachers said students are the ones most affected.
"The last thing we need to be doing in an environment where you are trying to improve literacy rates for students in South Carolina is removing their access to books," Kelly said.
Spartanburg School District 5 officials said they have not paused book fairs for this school year.
A School District of Pickens County spokesperson released the following statement:
"The School District of Pickens County (SDPC) recognizes the importance of book fairs as both a valuable educational resource and a significant source of funding for our elementary and middle schools. We have not paused our practice of hosting book fairs at this time.
"Our schools have been diligent in closely monitoring the selection of books featured at our book fairs. This proactive approach ensures that the titles offered align with the values and standards of our community. Additionally, we have expanded our range of vendors to further ensure that the books available at our fairs meet our high expectations for quality and appropriateness. Our commitment is to provide age-appropriate, high-quality reading materials for our students."
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Greenville County Schools will not host in-person book fairs this year: Here's why
Stephanie Moorehttps://www.wyff4.com/article/greenville-county-schools-no-book-fairs/61945606
GREENVILLE, S.C. —Greenville County Schools will not host in-person book fairs this school year.(Video above: Morning headlines from WYFF News 4)District Spokesman Tim Waller released the following statement about the pause:"First, we recognize the value in school-sponsored book fairs as a way to promote reading with students while also engaging parents and the community in support of literacy. Additionally, book fairs provide a fundraising opportunity for schools that have a positive i...
GREENVILLE, S.C. —
Greenville County Schools will not host in-person book fairs this school year.
(Video above: Morning headlines from WYFF News 4)
District Spokesman Tim Waller released the following statement about the pause:
"First, we recognize the value in school-sponsored book fairs as a way to promote reading with students while also engaging parents and the community in support of literacy. Additionally, book fairs provide a fundraising opportunity for schools that have a positive impact on students and the community.
"Effective August 1, 2024, South Carolina’s State Board of Education passed SC Regulation 43-170, which outlines new requirements for how instructional materials provided by schools or made available to students in school are selected. As a result, Greenville County Schools finds it necessary to pause all book fairs for this school year while it works with vendors to find a solution that ensures compliance and avoids a circumstance that may place employees in jeopardy of violating provisions of the regulation. The logistics of book fairs involve large containers of books and other material being delivered to schools, set out, packed up, picked up, restocked, and sent to the next school on a short turnaround time. It is not possible for school personnel to vet all book fair content after it arrives, nor can vendors provide accurate content information far enough in advance for it to be vetted through the District prior to the start of fall book fairs.
"The District’s Academics team is actively working with schools and individual book fair vendors to explore ways to continue offering book fairs in the future. During the time needed to ensure full compliance with the new regulation, there are alternatives, such as book clubs and online book fairs, for schools to consider. We will share more information once we have evaluated those other options for this year.
"Greenville County Schools understands the importance of book fairs as a way to promote reading while also raising funds for the schools. Please know that the District is committed to finding alternative solutions in the future that comply with Regulation 43-170 and allow us to continue engaging parents and the community in support of literacy within our schools and at home."
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The Tiny Amish Town In South Carolina That’s The Perfect Day Trip Destination
Robin Jarvishttps://www.onlyinyourstate.com/trip-ideas/south-carolina/amish-town-blackville-sc
When considering a trip to South Carolina, most people think of the food, the southern culture, and the Lowlands. But, there's so much to this unique state. In fact, there are certainly quite a few surprises around every corner. For instance, while there may not be many Amish churches or communities, there is one that's worth exploring. Although the entire small town o...
When considering a trip to South Carolina, most people think of the food, the southern culture, and the Lowlands. But, there's so much to this unique state. In fact, there are certainly quite a few surprises around every corner. For instance, while there may not be many Amish churches or communities, there is one that's worth exploring. Although the entire small town of Blackville isn't Amish, there is a strong community of Amish people and businesses here. If you love everything Amish, a day trip to Blackville is certainly in order. Take a look at a few of the things to see and do in this tiny town.
Blackville is a small, close-knit, community located approximately 45 minutes northeast of Augusta, GA.
Although Blackville contains other churches, it is also home to one of the few Mennonite churches in the state.
The members of Calvary Fellowship Mennonite Church have never met a stranger they didn't welcome. The church was formed in the 1960s and is certainly just as friendly as the very first day it opened the doors.
Additionally, the Mennonite community in Blackville also has a private Mennonite School.
Right in the middle of town on Main Street, Miller's Bread Basket is an Amish-Mennonite restaurant and bakery you'll want to visit (we recommend lunchtime!).
Their Amish buffet is filled with delicious food and paired with fresh bread that is baked on-site at Miller's. Treat yourself to a delicious South Carolina Amish community meal.
Over on Healing Spring Road sits the Healing Springs Country Store.
It's operated by the local Mennonites and is filled to the brim with dry goods, fresh preserves, canned items, and some locally-made crafts. They also serve some of the best local food you'll ever eat.
Look forward to browsing their homemade remedies, including this signature lye soap created to keep the no-see-ums and mosquitoes at bay.
Speaking of home remedies, it's not Amish-related, but the South's famous God's Acre Healing Springs is worthy of a visit during any trip to Blackville or even if just passing through; although, we think it's one of the best day trips you could take in South Carolina.
The spring has been the source of water for healing whatever ails you for quite a long time. Upon the death of the last owner, it was deeded to God so that it would always be available to everyone (for free!) to partake in the healing properties of the water from this spring.
Bring containers and fill them all!
There are undoubtedly so many things to love about Blackville, one of the coolest small towns in SC to explore. Come for a day and take in all it has to offer! Or you could make it a weekend getaway. Barnwell State Park in Blackville offers both cabin rentals and campsites. Check RVShare.com for information on RV rentals if needed!
Have you ever visited this Amish community in SC, or are you from this small town? If so, we'd love to hear what you think visitors should see! Let us know in the comments. Additionally, we'd love to see your pictures if you have any to share.
And, for another charming tiny town to visit in the Palmetto State, check out Cope, South Carolina.
Luxury brand pop-up opens at Haywood Mall. Here’s the scoop.
Tiare Solishttps://greenvillejournal.com/news/luxury-brand-pop-up-opens-this-week-at-haywood-mall-heres-the-scoop/
Anticipation began to build for luxury pop-up Bal Harbour Shops in late July when the city of Greenville announced its impending arrival.The installation at Haywood Mall includes 32 shipping containers housing roughly 10 luxury-brand shops, as well as a fine dining eatery called The Whitman. It opened Aug. 24 and will remain in Greenville for eight weeks.It follows a model s...
Anticipation began to build for luxury pop-up Bal Harbour Shops in late July when the city of Greenville announced its impending arrival.
The installation at Haywood Mall includes 32 shipping containers housing roughly 10 luxury-brand shops, as well as a fine dining eatery called The Whitman. It opened Aug. 24 and will remain in Greenville for eight weeks.
It follows a model set by shopping center Bal Harbour Shops which first formed by Stanley Whitman in 1965 at the site of a former World War II Army barracks in Bal Harbour, Florida. The Whitman family still owns the lifestyle conglomerate, led by Stanley’s grandson Matthew Whitman-Lazenby.
“The big idea here – other than creating a shopping center out of shipping containers – was trying to bring [high-fashion products] to markets where we could substantiate to the participating retailers that their customer was clearly there but didn’t have access to their product,” Whitman-Lazenby said.
Other locations for the pop-ups include Raleigh, North Carolina and Sarasota, Florida.
Midway through its stay, the brands will switch, offering visitors an opportunity to experience other shops.
Participating designers include:
Whitman-Lazenby said part of the appeal for the brands has been a movement of wealth since the 2020 pandemic, creating an opportunity for high-end brands in new locations.
“There’s been this this reallocation and distribution of wealth,” Whitman-Lazenby said. “Lots of brands want to tap into that and find those folks that that are in these markets.”
The business offers a personal shopping team that can facilitate purchase of items available at any of its roughly 110 stores, including those not available at the pop-up.
The flagship store in Florida includes food and beverage concepts like Avenue 31 or Makoto. The pop-up brings a taste of that experience with The Whitman.
The team partnered with Constellation Culinary for a 250-seat restaurant will have both indoor-outdoor dining components.
Haywood Mall is located at 700 Haywood Road, east of downtown Greenville near Interstate 385.
Aesthetics
Bal Harbour Shops brought palm trees, koi ponds, fountains and foliage or Greenville to evoke the tropical atmosphere found in the South Florida location.
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