Probate Lawyer in Hanahan, 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 Hanahan, 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 Hanahan, 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 Hanahan, SC
Probate Lawyer Hanahan, 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 Hanahan, 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 Hanahan, 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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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 Hanahan, 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 Hanahan, SC

City of Hanahan sues its planning commission over development

HANAHAN, S.C. (WCSC) - The City of Hanahan sued its planning commission and a developer over the approval of a proposed development they claim violated the city’s zoning ordinance.The legal action concerns the Greenway at Foster Creek, which would include nine residential family lots and an alley inside the Bowen Waterfront Village.Originally filed on April 18, the lawsuit came after actions of the city’s planning commission at an April 2 meeting.According to the lawsuit, before the meeting where the commissi...

HANAHAN, S.C. (WCSC) - The City of Hanahan sued its planning commission and a developer over the approval of a proposed development they claim violated the city’s zoning ordinance.

The legal action concerns the Greenway at Foster Creek, which would include nine residential family lots and an alley inside the Bowen Waterfront Village.

Originally filed on April 18, the lawsuit came after actions of the city’s planning commission at an April 2 meeting.

According to the lawsuit, before the meeting where the commission was set to vote on approving the development, Hanahan staff presented a detailed report and expressed two major concerns.

First, the Greenway at Foster Creek proposal included lot sizes that were significantly smaller than five acres. City zoning requires single-family residences to have a minimum lot size of five acres.

The staff report stated in legal documents, “if the developer desired a smaller lot size, they should have applied for a zoning text amendment to request a change in the regulation.”

Second, the proposed alley did not meet the standard with it not allowing the correct radius for fire trucks and meeting the city’s standards.

After receiving the staff report, the planning commission voted 4-3 on April 2 to approve the development’s application, despite the city sharing these concerns.

That’s when the city filed the lawsuit, stating it had no choice but to appeal the decision made by the commission due to inconsistency and incompliance with zoning ordinances and land development regulations.

Legal documents also state the city has an interest in ensuring that its quasi-judicial boards, such as the planning commission, do not exceed their legal authority.

On July 1, the city amended the decision and facilitated the minimum lot size proposed by the developer.

City officials said in a statement that the proposed subdivision must still go through final technical review prior to final subdivision approval.

That includes a licensed civil engineer, who must design and certify that the alley allows a curb-to-curb turning radius for fire trucks and other emergency vehicles.

The lawsuit also states that the city will review this, as well as all other required future submissions, to ensure compliance with all applicable local regulations.

Developers for the project and Wrenn Group Founder, Ray Wrenn, said the following statement in response to the lawsuit:

The Hanahan Planning Commission operated and voted appropriately. The suit never had any merit and we are pleased it was dismissed.

Copyright 2024 WCSC. All rights reserved.

Hanahan product in CWS championship conversation

Former Hanahan Hawks standout Trey Pooser is in the conversation to become a College World Series champion this month.Pooser is in the pitching rotation for the University of Kentucky baseball team, a legitimate contender to win it all as the No. 2 national seed for the NCAA Tournament. Pooser is a graduate student for the Wildcats after spending three successful seasons on the diamond for the College of Charleston.“It’s always exciting to see your former players go on and play at that level,” said Brian Mitch...

Former Hanahan Hawks standout Trey Pooser is in the conversation to become a College World Series champion this month.

Pooser is in the pitching rotation for the University of Kentucky baseball team, a legitimate contender to win it all as the No. 2 national seed for the NCAA Tournament. Pooser is a graduate student for the Wildcats after spending three successful seasons on the diamond for the College of Charleston.

“It’s always exciting to see your former players go on and play at that level,” said Brian Mitchell, who coached Pooser at Hanahan. “I remember when Seth (Lancaster) played for Coastal Carolina, and they won the College World Series (in 2016). I followed that run quite heavily. It shows kids in your program what can be accomplished.”

Pooser (6-4, 200) last threw in the Lexington NCAA Regional against Illinois and earned the win from the bump with seven strong innings. He struck out seven batters and scattered five hits as the Wildcats won, 6-1.

Pooser previously hurled five scoreless innings against Arkansas during the Southeastern Conference tournament.

On the season, Pooser is 6-1 with a 3.77 earned-run average over 17 appearances, including 11 starts. Pooser has recorded 71 strikeouts in 76.1 innings for the Wildcats (43-14), who reached 40 wins for just the fourth time in school history.

Mitchell isn’t surprised to see Pooser setting people down at the highest level of college baseball. It’s a continuation of his time on Murray Drive and at Patriots Point.

“He’s always been able to get guys out,” Mitchell said. “His ERA was something like 0.27 with us. He just gets it done. He’s got great stuff, and he competes. He’s throwing in the 90s now, and he’s got three pitches he can get across the plate.”

Mitchell has the Wildcats marked as must-see TV on his calendar during the NCAA Tournament, as they have been for Kentucky fans this spring. Kentucky won a share of the SEC regular season title for just the second time, and the No. 2 seed is the highest in school history. The Wildcats are hosting a NCAA regional for the fourth time (2006, 2017, 2023, 2024).

The Wildcats won the Lexington Regional and advanced to the Super Regional round June 8-10 against No. 15 seed Oregon State. If they handled Oregon State (after press time), the Wildcats would make an appearance in the College World Series, which cranks up Friday, June 14.

At College of Charleston from 2021-23, Pooser made 36 starts and crafted a 17-7 career record with a 3.93 ERA. He fanned 179 batters in 220 innings and earned multiple postseason honors for the Cougars.

At Hanahan, Pooser was a two-time all-state selection for the Hawks, going 12-3 with a 0.27 ERA as a junior and senior.

“He developed a lot going into his senior year with us and kept growing in college,” Mitchell said. “I almost didn’t recognize him when I went to see him at the College of Charleston. In high school, he wasn’t a guy who was going to overpower you, but he never walked anybody and controlled the running game. He was just very consistent. You knew he would be successful wherever he went.”

Pooser is the son of Bryan and Jany Pooser, an employee with the Berkeley County School District at Hanahan High School.

Bowen Village expansion continues in Hanahan

HANAHAN, S.C. (WCSC) - Hanahan planning leaders will consider proposals for building three more parcels in the Bowen Village planned development.Bowen Village has been in the works since the early 2000s by the locally-owned Wrenn Group. The land currently features apartment buildings, single-family homes, parks and some businesses. The three newest parcels propose 185 housing units an...

HANAHAN, S.C. (WCSC) - Hanahan planning leaders will consider proposals for building three more parcels in the Bowen Village planned development.

Bowen Village has been in the works since the early 2000s by the locally-owned Wrenn Group. The land currently features apartment buildings, single-family homes, parks and some businesses. The three newest parcels propose 185 housing units and about 12,700 square feet of commercial space.

Developers say the two market parcels and one waterfront parcel are the next step in building out a complete and walkable community at Bowen Market with businesses, restaurants, and more housing.

“So, it’ll provide lots of jobs, restaurants, businesses, we’re hoping to have the barber shop, the ice cream shop, the hardware store and restaurants, and in the middle of it will be what we’re calling the life square, which will be an about a 4000 square foot astroturf Plaza. And we’ll use that for everything from goat yoga to live concerts. And it’ll make the market come alive,” Wrenn Group Founder and CEO Ray Wrenn says.

The planning staff report takes a few issues with the general plans, saying they don’t show required sidewalks, they get rid of all open space, and have commercial space overlap with residential zoning. But ultimately the staff recommends the committee approve the plans with some conditional changes.

“It’ll give people a reason to come to the Bowen Market which helps our business owners, and it also adds something that’s desperately needed to the City of Hanahan, which it doesn’t have - a gathering place like downtown Summerville does or like the Market at Ion does and even the North Charleston Park Circle venue,” Wrenn says.

Wrenn has run the company for years, and now his daughter Sarah Wrenn, who also grew up in the area, works as the executive director.

“I think a lot of people are interested in our growth right now. Because Hanahan is kind of a hidden gem in a lot of ways in the Charleston region. But we’re starting to get noticed and that’s a good thing and it’s good for us and people just want to kind of have an idea of what’s going on and we’re happy to answer those questions,” Sarah says.

She believes the variety of housing that they continue to develop will help people find options that fit their lifestyle and the Bowen Market style will provide

“The multifamily projects we submitted for, will help I think, a lot with the housing affordability issue we have in the nation, but locally at the Charleston level. So young families, young professionals, seniors all need housing and it’s not one-size-fits-all housing, right? The traditional models don’t work for everybody. So Bowen brings that with all the diverse types of housing we have, though it’s an answer to the housing,” Sarah says.

Overall, the family-owned development company says they are about halfway done with the potential of Bowen Village. They still have plans to develop the waterfront along the Cooper River that moves into the Goose Creek Reservoir.

“We plan to have restaurants and shops as well as very nice homes for sale. Whether they be villas, condos, single-family residential, so the waterfront is really kind of what I would call the undeveloped part of Bowen. We kind of started at the at the road, slightly backed off the boulevard and kind of built up the middle and having these new residents is going to be huge for businesses which means the businesses in the Bowen market as well as the businesses on the waterfront,” Ray says.

Copyright 2024 WCSC. All rights reserved.

Hanahan neighbors voice concerns with signs against more apartments and rezoning

HANAHAN, S.C. (WCIV) — As you're going through the neighborhoods in Hanahan you'll see several signs that read "Say yes to moratoriums" and "Say no to more apartments and rezoning."Hanahan's mayor says she believes the signs came about after a proposal for a rezoning to build an apartment comple...

HANAHAN, S.C. (WCIV) — As you're going through the neighborhoods in Hanahan you'll see several signs that read "Say yes to moratoriums" and "Say no to more apartments and rezoning."

Hanahan's mayor says she believes the signs came about after a proposal for a rezoning to build an apartment complex.

However, the city council voted that proposal down.

Proposal plans to build more housing in a newer Hanahan community are bringing up concerns for those living there.

READ MORE: "17 acres of land in Hanahan by Tanner Hall causes dispute between neighbors and developer."

It is a close-knit city many people enjoy calling home.

"I love this place," said Jeremy Watts, who lives in Bowen Neighborhood. "I mean, Hanahan is wonderful. It's a wonderful place to raise children. It's a wonderful place to live."

With proposals to develop, neighbors are making their voices heard by placing signs throughout the Bowen community against the possible additions.

"There's major concerns with putting more multifamily homes back here," Watts said. "You really increase the population, you really increase the traffic patterns, and you really put a strain on the schools."

READ MORE: "Proposed Hanahan development heads to planning commission."

Safety and infrastructure are some of the concerns. However, neighbors like Watts want to see responsible growth.

"I think that people are expecting development, but I think that they're looking for infrastructure to increase, different roads, avenues to come in and out of this area," Watts said.

As Mayor Christie Rainwater encourages this sort of growth for the city, she hopes neighbors keep an open mind too.

"I think some of them are hoping that the developer doesn't get to develop any further, and that's where the signs are popping up," said Rainwater. "I think what it needs to be is more of a conversation. How do we do this well? How do we honor the property rights of those who own the property while still working with those who now live there and wanna make sure that the quality of life in our city remains just as amazing as it is now? The good thing is our council has that same goal. We wanna maintain that amazing quality of life and hopefully, we will do that through responsible growth."

READ MORE: "Hanahan neighborhood residents demanding new rezoning plan be ditched."

The "say no to more apartments in Bowen" signs are found within and around the Waterfront Village.

The community is filled with single-family homes, apartments and even commercial development.

Responsible growth is the key factor Rainwater says will keep the city alive and thriving.

"There's some things that are still being planned out," Rainwater said. "There are people that live there that don't want that and it's understandable. We need to figure out what's gonna work well for those that are there while still honoring the property rights of the developer."

Powdersville baseball stays alive in state finals with controversial finish in 12th inning

POWDERSVILLE – Walk-off obstruction.In a wild and controversial finish to a classic in the Class AAA state championship series, Powdersville baseball beat Hanahan, 5-4, in 12 innings Wednesday to force a deciding game in the best-of-three series.Powdersville appeared to have a runner thrown out at home to end the 12th inning. But Hanahan catcher Hudson Sprovero was called for obstruction, not giving runner Kolbe Giles a lane to the plate.Hanahan’s brief elation for a narrow escape turned into disbelief and th...

POWDERSVILLE – Walk-off obstruction.

In a wild and controversial finish to a classic in the Class AAA state championship series, Powdersville baseball beat Hanahan, 5-4, in 12 innings Wednesday to force a deciding game in the best-of-three series.

Powdersville appeared to have a runner thrown out at home to end the 12th inning. But Hanahan catcher Hudson Sprovero was called for obstruction, not giving runner Kolbe Giles a lane to the plate.

Hanahan’s brief elation for a narrow escape turned into disbelief and then disgust as the Hawks watched Powdersville celebrate its first win in a state championship.

“I feel for those guys,” Powdersville coach Wade Padgett said. “Two really good teams playing a great game. I hate that it ended that way. But we’ll get to play a third game.”

Powersville (24-10) and Hanahan (30-4) will settle it at 3 p.m. Saturday in a neutral site game at Gilbert High School.

Hanahan scored three in the top of the seventh to take a 4-3 lead and Powdersville forced extra innings with a run in the bottom half. With two outs and Giles on first base after a walk in the 12th, Jack Hunsinger also worked a walk on a full-count pitch to bring up Chance Kennedy, the team’s leadoff batter.

Kennedy drilled a line-drive single to center and Giles raced around third toward the plate, Sprovero caught the throw on the base line and waited there for Kennedy.

“We were going to be aggressive because that’s how we’ve had to win games the whole season,” said Padgett, who was also the third-base coach who waved Kennedy home. “The players and fans will probably tell you that I’ve been really good at getting us thrown out at the plate. But when you’re in the 12th inning and you have a chance to score, you have to try.”

SABRES SWEEP:Brothers hit homers as Southside Christian baseball wins third straight state championship

Eli Hudgins pitched 6.2 innings of shutout relief of starter Blane Jordan. Hudgins came on in the seventh and allowed a two-run single to tie the game, but he ended that frame with two strikeouts and gave up only one hit the rest of the way.

Hanahan left a runner on third base in the 11th as Powdersville first baseman Landon Fowler knocked down a wild throw on a grounder to keep the Hawks off the board.

Powdersville had the bases loaded and one out in the eighth. Kennedy singled, took second on an errant picked try and third on another. Hanahan intentionally walked two batters and got two infield outs to escape unharmed.

Todd Shanesy is a former award-winning writer who now covers high school athletics for the Greenville News, Spartanburg Herald-Journal and Anderson Independent Mail in the USA TODAY Network. Contact him by email at todd.shanesy@shj.com. Follow him on X, formerly called Twitter, at @ToddShanesySHJ.

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