Probate Lawyer in Greer, SC

About The Cobb Hammett Law Firm Difference

As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.

But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.

It stands to reason, then, that you should hire a probate lawyer in Greer, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at Cobb Hammett, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.

We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.

But that's just one aspect that sets Cobb Hammett apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.

Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.

Understanding The Probate Process in South Carolina

When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Greer, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

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Steps to the Probate Process in South Carolina

01

Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.

02

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

03

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

04

The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.

05

Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.

06

Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.

07

Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.

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Avoiding Probate in South Carolina

Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.

Assets subject to probate in South Carolina include:

  • Interest in an LLC, Partnership, or Corporation
  • Real Estate Held as a Tenant in Common
  • Property Held in Only the Deceased's Name
 Probate Attorney Greer, SC
Probate Lawyer Greer, SC

Assets that are not subject to probate in South Carolina include:

  • Assets Placed in a Trust
  • Assets Which Are Already Tied to a Beneficiary
  • Pension Plan Assets
  • Insurance Policies with Beneficiaries
  • Beneficiaries of Retirement Funds
  • Real Estate or Property with Right of Survivorship
  • Real Estate or Property with Joint Tenancy
  • Accounts That Are Transferable or Payable Upon Death
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Avoiding Probate: Yes or No?

Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.

Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Greer, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

  • Does the deceased have a valid will?
  • Is the Estate complex or large?
  • Is the Will contested?
  • Have any lawsuits been filed?
  • Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Greer, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than Cobb Hammett Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

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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 Greer, 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 Greer, SC

Here's where Greer, South Carolina's new $60 million sports, events center will be built

GREER, S.C. —An Upstate South Carolina city officially announced on Thursday a multi-million-dollar project to help people who live there flex their muscles and stay active.The city of Greer confirmed its $60 million sports and events center to be located on South Highway 14.No groundbreaking or opening date was immediately released.The facility is one of four projects the city will build through its $100 million ForGreer initiative.WYFF News 4 first reported on ForGreer back in March...

GREER, S.C. —

An Upstate South Carolina city officially announced on Thursday a multi-million-dollar project to help people who live there flex their muscles and stay active.

The city of Greer confirmed its $60 million sports and events center to be located on South Highway 14.

No groundbreaking or opening date was immediately released.

The facility is one of four projects the city will build through its $100 million ForGreer initiative.

WYFF News 4 first reported on ForGreer back in March (see video above.) To see renderings of the proposed projects, click here.

"The City has outgrown its current gyms and recreational facilities," Mayor Rick Danner said in a release. "This new complex will give every child in Greer the opportunity to enjoy our programs instead of sitting on a waiting list. It will allow us to create new programs for children and adults in our community."

The sports and events center will include basketball and volleyball courts, community rooms, an e-sports facility, and batting cages. Regional architectural firm McMillan Pazdan Smith will be designing the facility, officials said.

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Greer officials said the city has acquired three parcels of land south of the S. Highway 14/South Buncombe Road intersection where the new facility will be built.

Officials said the location was strategically selected because of its proximity to the main roads in Greer, I-85, and the Greenville-Spartanburg International Airport. The site will be easily accessible by people who live in Greer and visitors alike.

"The primary goal of the new sports and events center will be to provide for our own growing recreational and athletic programming," City Administrator Andy Merriman said. "We intend to complement our use by building a state-of-the-art facility that will provide a venue to host regional and national events, and in turn boost Greer’s economic growth through sports tourism dollars."

The ForGreer initiative will invest nearly $100 million into Greer over the next four years through crucial infrastructure, including the sports and events center, a public safety training facility, a fire station in the northern region of Greer, and an additional downtown parking garage.

Bourbon bar coming to Greenville County, South Carolina, downtown area, officials said

GREER, S.C. —Whiskey and bourbon lovers in Greenville County, South Carolina, are set to get another place to wet their whistles.(Above video is the morning headlines for Tuesday, July 23, 2024.)NEAT Bourbon Bar announced Tuesday it is expanding to downtown Greer with its third location at 108 E. Poinsett St. Ext.Officials with the Greenville-based business said the project, headed by PR3 Construction with architects from KEEL Concepts, will open this fall....

GREER, S.C. —

Whiskey and bourbon lovers in Greenville County, South Carolina, are set to get another place to wet their whistles.

(Above video is the morning headlines for Tuesday, July 23, 2024.)

NEAT Bourbon Bar announced Tuesday it is expanding to downtown Greer with its third location at 108 E. Poinsett St. Ext.

Officials with the Greenville-based business said the project, headed by PR3 Construction with architects from KEEL Concepts, will open this fall.

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"We are excited to welcome NEAT to downtown Greer," Mayor Rick Danner said. "Establishments are expanding and they are choosing Greer for its sense of place and welcoming atmosphere. This type of business will bring with it its already loyal customers, offer a unique experience for people living in Greer and attract visitors to the city. It’s a good old-fashioned win-win for everyone."

Located near a Greer parking garage and the Hampton Inn, NEAT hopes to become a welcoming and accessible destination for bourbon enthusiasts, casual drinkers and corporate travelers, the owners of NEAT said.

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They said guests can expect a comprehensive selection of liquors, with an emphasis on bourbons, including standard daily pours like Buffalo Trace and Elijah Craig Small Batch, and some coveted sips, such as Pappy Van Winkle and George T. Stagg.

Curated charcuterie boards and expertly crafted desserts, along with live music on select evenings, will complement the bar selections, officials said.

There will also be outdoor seating directly on Poinsett Street.

Officials said the brand is already thriving at a location in downtown Greenville, with another one in the works in Myrtle Beach.

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Officials said NEAT's success is fueled by owners Howard and Lisa Dozier, the Greenville entrepreneurs who own multiple food and beverage businesses in the Upstate.

The Doziers own The Cocktail Company, The Foundry, Cowboy Up, Stone Pin Bowling Alley, The Comedy Zone, Crazy Mason Milkshake Bar, Revel Event Center, as well as Initial Q and UnderPin bowling, both in Spartanburg.

Adding to the list will be Draper Purveying Company which will be opening in August in the space that was formerly Barley's Taproom and Pizzeria at 25 W. Washington St. in downtown Greenville.

"Greer already has such a thriving and sophisticated downtown scene, and we are excited to be part of that energy," Howard Dozier said. "We envision NEAT being the perfect complement to the existing businesses and a great gathering spot for locals and visitors alike."

Officials said the expansion into Greer’s thriving downtown is also the result of a close partnership between the Doziers and Greenville-based investment and development group, Community Hub, LLC.

"We believe NEAT will be the ideal spot for pre-dinner drinks or a sophisticated nightcap, encouraging people to explore Greer's downtown scene for a longer stretch," David Berger, principal of Community Hub, LLC, said.

The Greer Citizen announces closing of operations after more than 100 years in publication

GREER, S.C. —An Upstate newspaper that has served its community for more than 100 years says it will be closing its operations at the end of the month.In its July 3 issue, the Greer Citizen announced to its readers it will be shutting down on July 31."The last couple of years have been extremely tough," said Phil Buchheit, the president of the company that owns the paper. "We shared no expense trying to keep a great product out. This product means a lot to us, and our readers mean ev...

GREER, S.C. —

An Upstate newspaper that has served its community for more than 100 years says it will be closing its operations at the end of the month.

In its July 3 issue, the Greer Citizen announced to its readers it will be shutting down on July 31.

"The last couple of years have been extremely tough," said Phil Buchheit, the president of the company that owns the paper. "We shared no expense trying to keep a great product out. This product means a lot to us, and our readers mean everything to us."

The Greer Citizen has been in circulation since 1918. Buchheit said there's not enough advertising available in the area to continue publishing the weekly newspaper.

"There's no advertising," Buchheit said. "When I say revenue, it's advertising. That's all, you know, you get revenue through subscriptions, but that's not real revenue. That revenue is not going to pay payroll."

Buchheit said advertising has moved away from small newspapers like the Citizen and ended up online via social media or other websites.

Mark Johnston oversees the publication of several magazines and journals across the Upstate.

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"I mean, if we had to live on revenue generated by the Greenville Journal, just on the cost to produce that and get it to print it and distribute it, we probably wouldn't survive," he said.

Johnston added that digital services have offered publications opportunities to grow in a changing market of local news.

Greer Mayor Rick Danner said the paper's closing caught him by surprise.

"You hate to see a business that's 100-plus years old going out of business, and I don't know that there's going to be something that's going to backfill it," he said.

Buchheit said the Citizen's closing means its staff will be out of work and also closes on three generations of newspaper ownership in the Carolinas.

"Their heart and souls are invested in this thing, and it makes it real tough," he said.

Buchheit said the company is offering severance packages for the paper's staff and is trying to find them new jobs.

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Paralyzed woman from Greer, South Carolina, stuck in Italy after having a stroke

GREER, S.C. —A young woman from Greer who’s paralyzed and has been in a wheelchair for most of her life took a trip on her own this year to Italy. But while she was there, she had a stroke, and now her family needs help getting her back to the U.S.Grace Bradley's grandfather, Tony Bradley, said she had been planning and saving up money for her trip to Italy for years. "We tried our hardest to talk her out of going, but at the same time, we don't want to hold her back because that wouldn't be he...

GREER, S.C. —

A young woman from Greer who’s paralyzed and has been in a wheelchair for most of her life took a trip on her own this year to Italy. But while she was there, she had a stroke, and now her family needs help getting her back to the U.S.

Grace Bradley's grandfather, Tony Bradley, said she had been planning and saving up money for her trip to Italy for years. "We tried our hardest to talk her out of going, but at the same time, we don't want to hold her back because that wouldn't be healthy," he said. "She just wants to be independent like anybody else."

Grace Bradley was born with Vodder syndrome and became paralyzed and has had to use a wheelchair since she was 13 years old, but her grandfather said over the past few years, she's been doing more on her own. "The only thing we have to help with her sometime is transportation here and there, but she doesn't mind calling an Uber," he said.

Then, last Wednesday, June 26, the family got the unfortunate news that Grace Bradley had suffered from a stroke while overseas. It's been more than a week, and she's still in a Venice hospital. According to her grandfather, Grace Bradley can no longer use the left side of her upper body.

Once the family was aware of her condition, Grace Bradley's grandmother took the first flight she could find to Italy to help, but due to her current condition, Bradley says Grace Bradley cannot fly commercially back to the U.S. “The doctors said under absolutely no circumstances can she fly in an aircraft, commercial aircraft," he said. "When she goes home, it has to be medivac, and the medivac must be accompanied by a doctor for her to come home, and so my wife has been in contact with the state department and the Embassy in Italy directly."

Bradley said it will cost them up to $200,000 to meet the requirements to get Grace Bradley home and, because it happened in a foreign country, her Medicaid will not cover any expenses or care. "We need her home. She's not doing well, and she's not going to get better until she comes home, so if you guys can help, we'd really appreciate it," he said.

As military veterans, Tony Bradley and his son, Grace Bradley's father, were shocked to find out they couldn't get help from the U.S. government to get Grace back.

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So, the family has created a GoFundMe fundraiser with hopes of raising the money needed through the kindness of others.

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Enjoy the Peace of Lake Robinson in Greer

Have you visited Lake Robinson in Greer, SC? The J. Verne Smith Park offers gorgeous views of the lake and mountains in the distance. You can fish, boat, picnic, or just enjoy some quiet time at this park. Read on for the details. If you’re looking for more places to play, here are some of the best parks and playgrounds near Greenville, SC.For more ideas of places to enjoy the outdoors in and n...

Have you visited Lake Robinson in Greer, SC? The J. Verne Smith Park offers gorgeous views of the lake and mountains in the distance. You can fish, boat, picnic, or just enjoy some quiet time at this park. Read on for the details.

If you’re looking for more places to play, here are some of the best parks and playgrounds near Greenville, SC.

For more ideas of places to enjoy the outdoors in and near Greenville, see our page Things to Do Outside in Greenville.

Summer is here bringing forth all its outdoor adventures. Playgrounds, games, and trips to the splash pads abound. But if you’re looking for something a little quieter, a bit more nature and little less crowded, consider a visit to J. Verne Smith Park at the tip of Lake Robinson.

Lake Robinson is owned by Greer CPW and serves as an impoundment for drinking water. It’s a popular lake for small boats and fishing, but the park area itself seems to be rarely populated with more than a handful of people. It does not have playground facilities, yet with plenty of picnic sites, beautiful views and several small docks and a fishing pier to explore, this park should not be an overlooked outdoor destination.

Things to Do at J. Verne Smith Park

Lake Robinson is, in fact, one of my family’s favorite locations for a quiet picnic. The park’s location has a million-dollar view, and is just steps from the parking lot. This makes J. Verne Smith Park a uniquely easy destination for those with young children or mobility-impaired individuals to enjoy the beautiful views this foothills area can provide. The park has many picnic tables and ample large shade trees where guests can spread picnic blankets facing the water.

Consider bringing some sidewalk chalk for after your picnic, as there are many paved walking areas to roam. My children enjoy bringing sketching materials and watercolor pencils to try and draw bits of the view they are enjoying. We like to bring books to read quietly or out loud together (this is a great place for us to do a bit of homeschool work outside the house). And sometimes we bring Frisbees, balls, jacks, and other outside toys. Tip: The park is on a hill, sloped towards the water. It definitely won’t work as a soccer field, but is fine for young children tossing a ball back and forth.

The lake edge of the park is rimmed with large rocks (perfect for keeping a runaway ball from rolling into the water). You cannot wade or swim here. But you can walk the paved pathways, sit out on the small docks and watch the boats, or stroll out along the fishing pier and see what creatures you can spot in the water. If you plan to fish, you’ll need to make sure you obtain the proper permit. You can obtain permits at Greer CPW Warden’s Office on-site.

You can even grab a cup of coffee at nearby Scandi Tiny!

This park has a boat launch with plenty of parking, and is also a great place to put in kayaks or paddleboards. Our family loves to paddle here. You will need a permit from the warden’s office. They can be purchased for day use or annually.

Verne Smith has a large raised picnic shelter with a fantastic view, which can be rented from Greer CPW for $300 per day, and a smaller shelter area also with a nice view, that can be rented for $150 a day.

Restroom facilities are located at the larger shelter.

The park is open sunrise to sunset. No skateboards, roller blades, or bikes are allowed on the walking paths, so it is best to leave those at home.

Park address: 2544 Mays Bridge Rd, Greer, SC 29651

Have you ever visited Lake Robinson?

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