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.

Legal Consultation

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.

Match Preview: 11/9 vs. Greenville Triumph Sc

November 8, 2024 - United Soccer League One (USL1)On the other side of the bracket, two clubs who just netted their first playoff wins duke it out for their second. Here in Omaha, two clubs who began this decade with USL League One titles look to go one step away from a second. Better yet, it's the very first rematch in USL League One Playoff history.Simply put, this square-off between Union Omaha and Greenville ...

November 8, 2024 - United Soccer League One (USL1)

On the other side of the bracket, two clubs who just netted their first playoff wins duke it out for their second. Here in Omaha, two clubs who began this decade with USL League One titles look to go one step away from a second. Better yet, it's the very first rematch in USL League One Playoff history.

Simply put, this square-off between Union Omaha and Greenville Triumph is a prestige matchup for USL League One. These are the two winningest clubs in league history, with the extra season of existence giving Greenville the leg up on Omaha 71 to 66. Greenville would make their fourth League One final with a win here, while this would be Omaha's third. It's also the first time two current or former League One champions (or Players' Shield winners, for that matter) have met in the semifinals.

THE STARS ARE OUT

That's the historical context, but these teams didn't coast to this point by trading on past glories. The exact opposite, even: Omaha and Greenville have been the two highest-scoring clubs in 2024. On an individual level, Pedro Dolabella and his 14 goal contributions in league play is only topped by two other players... one of whom is Lyam MacKinnon with an astounding 22. That, by the way, makes up two of the three players up for the league's Player of the Year award. While we can't truly guarantee fireworks and goals aplenty, it's not going out on a limb to suggest that this is as marquee as it gets.

Further down the rosters, there are plenty of other names with accolades attached. Newcomer Chapa Herrera and league mainstay Evan Lee made the USL League One All-League Second Team for Greenville, while Dion Acoff, a Second Teamer last year, was voted into the 2024 Players' Choice Awards Best Eleven by his peers in USL1.

ABOUT GREENVILLE TRIUMPH

The winningest club in USL League One rolls ever onward. Greenville Triumph have made the playoffs in every year of the league's existence, and until last year had only ever finished in the top three in the standings. Even as they haven't hit those same heights in the table of late, the club still has the wind at their backs. First came early October's announcement of the legendary Ronaldinho joining the ownership group. Then, just last week saw the reveal of a 10,000 seater stadium and development complex hoping to open in 2026. It's exciting times for one of the league's model clubs, to say the least.

On the pitch, of course, they've seen success. The club managed to slot two goals past One Knoxville's stellar defense to reach the semifinals, and they'll surely be hungry to avenge their two losses against Union Omaha this season. Both were close-run as well, with a narrow 1-0 win for the Owls in Greenville followed later by a 3-1 win at Werner Park in which Lincoln native Tyler Polak was dinged with a pair of own goals. Omaha will take heart in those victories (and a 5-2-5 record all-time against Greenville), but expect anything to happen in the playoffs. Just ask the departed juggernauts in Northern Colorado.

X-FACTORS

We'll focus on another key summer signing this week, in the form of Indy Eleven loanee Max Schneider. After PC Giro retired in July to begin his coaching career, a huge gap was left at Omaha's holding midfielder position. While players like Nortei Nortey and Brandon Knapp filled in well, both tend to be more box-to-box type players. Thus, the team brought in Schneider, who happens to be Dolabella's former teammate at Marshall University. The German had his first term with the club cut short after a month due to injury, but returned weeks later and has now started all but one match since October began. He's useful on both ends of a set-piece, with the ball-striking ability to take them and the height at 6'3" to finish them. Really, he's useful all over the pitch, with a pair of assists on the season (both to Dolabella), as well as ranking first or second on the team in per 90 minute stats like interceptions/90, tackles won/90, and blocks/90.

All the attention will be paid to Lyam MacKinnon, and for good reason. He's the Golden Boot winner, tied for the team's assist leader, and a Player of the Year nominee. But a prime pick as X-factor for the Triumph comes into the match questionable to even play due to a wrist injury suffered against Knoxville. Chapa Herrera's talents will actually be well familiar to this team: Head Coach Dominic Casciato worked with him when both were at El Paso Locomotive. He could be considered the fulcrum of this Greenville squad though; Herrera is one of two midfielders with more than 11% of his team's touches, and sports an 88.3% passing accuracy rate as well to keep things ticking. Much like Schneider, he does a little bit of everything on the defensive end as well, which will be crucial when trying to stave off the Owls' high-flying attack.

ANALYTICS CORNER

Union Omaha will need to be incredibly disciplined when they take on Greenville. Their foes on the east coast have four of the top six players at Goals Added via Fouling (Fouls Won vs Fouls Conceded), including the top two (Lyam MacKinnon at 0.93 Goals Added and Ben Zakowski at 0.54). Put another way: Greenville has won 10 penalty kicks this season, with the next highest being Knoxville's six. MacKinnon himself has won as many or more penalty kicks (4) than every other team besides Knoxville. And while the Triumph have also given up six penalty kicks, they're disciplined enough to be the only team in the league without a red card on the season. All this to say, the Owls must walk a tightrope with their physicality, which isn't a given with their league-leading marks of 14.6 fouls per match and 78 yellow cards.

Check out the Union Omaha Statistics

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