Probate Lawyer in Hanahan, 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 Hanahan, 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 Hanahan, 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 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.

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 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.

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 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.

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 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.

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 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.

GALLERY: Skeletons run amok in Hanahan’s Otranto neighborhood

HANAHAN, S.C. (WCBD) – It was a Monday night filled with tricks and treats as the Otranto Civic Club held its annual neighborhood Halloween decorating contest.A cloudy but cool night set the backdrop as judges roamed the historic Hanahan subdivision in search of the funniest, scariest, and most creatively decorated homes this haunt season.Skeletons of many shapes and sizes made appearances throughout the community.One home on North Basilica Avenue is keeping the spirit of Halloween alive with its extravagant displa...

HANAHAN, S.C. (WCBD) – It was a Monday night filled with tricks and treats as the Otranto Civic Club held its annual neighborhood Halloween decorating contest.

A cloudy but cool night set the backdrop as judges roamed the historic Hanahan subdivision in search of the funniest, scariest, and most creatively decorated homes this haunt season.

Skeletons of many shapes and sizes made appearances throughout the community.

One home on North Basilica Avenue is keeping the spirit of Halloween alive with its extravagant display. Here, skeletons run amok – many climbing trees, digging graves or scaling the front of the home. Be sure to look up as winged, bat-like skeletons hover overhead and ghosts fly across the yard.

The resident here tells us it takes roughly two weeks to set up their haunt scene; however, the threat of two tropical systems in September added a little extra time. What started small years ago has expanded to reach nearly every corner of the yard this Halloween. Some of the props, like a gate with stone pillars, are custom-made by the homeowners. Drive by and you’ll see fog rolling across the lawn and perhaps a real back cat or two on the prowl.

The home was awarded first place in the scariest category.

Next door, the “Fooregotten Souls Music Festival” is well underway. A group made up of skeleton rockstars, ‘Don’t Fear the Reapers,’ are performing Halloween favorites like Michael Jackson’s “Thriller,” or “Monster Mash” for passersby. But it’s the barebones spectators that may catch your eye – look closely and you’ll find a flashing groupie or two.

The scene comes with a werewolf serving drinks at the nearby bar, and witches are hanging out just off stage. They earned first place in the funniest category.

Music continues just up the road on Michelle Manor where a “swinging wake” is happening outside one home. Ghosts of every size are found haunting this yard as “Grim Grinning Ghosts” plays from an outside speaker. This scene came in second place for the most creative.

An unnerving display was found on Corsica Court where a home was illuminated in a red flickering glow. Outside stood several dark ghouls – will they be replaced with live actors waiting for a scare on Halloween night? This scene was awarded second place scariest.

Around the loop on Monte Sano Drive, you’ll find homes with happy inflatables, like a family of dinosaurs with their trick-or-treat pails. But continue your drive (or walk) and you’ll find a home just across from Roma Road that takes Halloween decorating to another level.

Neighbors say this home at 20 Monte Sano custom-builds nearly all of her props and scenes. It features a skeleton at a booth selling “Ghoulade & poison apples.” Large red-glowing columns with skeletons make up the fenced-in yard, and you’ll be greeted by the talking “plague doctor” out front. There is much to take in with this impressively decorated yard, so we recommend parking the car to take a closer look.

A sign there reads “Do not let Halloween be a thing of the past. Decorate, turn on your light, hand out candy … Be a community!” This scene was awarded first place for most creative during Monday’s judging.

On the opposite end of Monte Sano Drive is a home you simply cannot miss. Set with a purple and green glow are myriad Halloween animatronics. From witches to skeletons, a giant werewolf, and even the headless horseman — be sure to stop and see what this yard has to offer. The home won first place judge’s choice, and just across the street earned second place judge’s choice.

Here you’ll find large sheets of spiderweb draping portions of the yard. A frightening scarecrow, spiders, and skeletons are taking over!

Many other homes in the neighborhood are decorated with creative, fun, and scary designs. If you are looking for something fun to do with the family, we recommend a drive through the subdivision.

Neighbors say it’s a trick-or-treating hot spot on Halloween night and welcome any guests to come by for a little candy.

Scariest1st place – 11 N. Basilica2nd place – 3 Corsica

Funniest1st place – 13 N. Basilica2nd place – 20 Ravenna

Most Creative1st place – 20 Monte Sano2nd place – 12 Michelle Manor

Judges Choice1st place – 66 Monte Sano2nd place – 67 Monte Sano

Berkeley County Announces Early Voting Locations for 2024 General Election

You must have your photo ID to vote. Voters may view their sample ballot through the South Carolina Election Commission HERE.ABSENTEE-BY-MAIL: Absentee-by-mail voting is available for qualified voters. Request an absentee application in one of the following ways:Applications must be returned to the Berkeley County Voter Registration & Elections Office in person or by mail by Friday, October 25 at 5 p.m....

You must have your photo ID to vote. Voters may view their sample ballot through the South Carolina Election Commission HERE.

ABSENTEE-BY-MAIL: Absentee-by-mail voting is available for qualified voters. Request an absentee application in one of the following ways:

Applications must be returned to the Berkeley County Voter Registration & Elections Office in person or by mail by Friday, October 25 at 5 p.m. Completed ballots must be returned to the Berkeley County Voter Registration & Elections Office no later than 7 p.m. on Election Day (November 5). Photo ID is required to return your ballot in person. For more information, go HERE.

The 2024 General Election is on Tuesday, November 5. For all election-related information, visit www.scvotes.gov or the County Voter Registration and Elections Department Page. You may also call 843-719-4056 or email vog.csytnuocyelekreb@ervbew.

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-Prepared by the Berkeley County Public Information Office-

MONCKS CORNER, S.C. – (Friday, October 4, 2024) – The deadline to register to vote in South Carolina ahead of the 2024 General Election has been extended to Monday, October 14, 2024. To vote in South Carolina, state law requires a person to register to vote at least 30 days prior to an election; however, the deadline has been extended due to the widespread impact of Hurricane Helene. Read more HERE.

Individuals may register to vote by October 14 in one of the following ways:

ABSENTEE-BY-MAIL: Absentee-by-mail voting is available for qualified voters. Request an absentee ballot in person at Berkeley County Voter Registration & Elections Office at 1003 Highway 52 in Moncks Corner; by calling 843-719-4058; or by mail (P.O Box 6122, Moncks Corner, SC 29461).

Applications must be returned to the Berkeley County Voter Registration & Elections Office by October 25 at 5 p.m. Completed ballots must be returned to the Berkeley County Voter Registration & Elections Office by November 5 at 7 p.m.

POLL WORKERS: Berkeley County needs additional poll workers for the upcoming General Election. Poll workers can earn compensation of up to $200. If interested, contact Laura Thomas with Voter Registration & Elections at 843-719-4663 or email [email protected]. View more information and the application HERE.

For all election-related inquiries and information, please contact Berkeley County Voter Registration & Elections at (843) 719-4056; or visit https://berkeleycountysc.gov/dept/elections/ or www.scvotes.gov.

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– Prepared by the Berkeley County Public Information Office –

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