Probate Lawyer in Hardeeville, 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 Hardeeville, 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 Hardeeville, 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 Hardeeville, SC
Probate Lawyer Hardeeville, 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 Hardeeville, 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 Hardeeville, 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 Hardeeville, 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 Hardeeville, SC

Hardeeville council approves master plan for future YMCA, city's first

Hardeeville council approves master plan for future YMCABluffton TodayHardeeville City Council recently approved plans for even more recreational opportunities for those all around the area and Lowcountry.At its May 18 meeting, council approved final reading of the Master Plan for the James Fisher Memorial Foundation YMCA, which will be Hardeeville's first "Y". Initial plans were for the project to break ground in 2022; officials said construction delays have moved the tentative opening date to...

Hardeeville council approves master plan for future YMCA

Bluffton Today

Hardeeville City Council recently approved plans for even more recreational opportunities for those all around the area and Lowcountry.

At its May 18 meeting, council approved final reading of the Master Plan for the James Fisher Memorial Foundation YMCA, which will be Hardeeville's first "Y". Initial plans were for the project to break ground in 2022; officials said construction delays have moved the tentative opening date to early in 2025.

The new state-of-the-art facility, in its first phase, will be a 35,000-square-foot building near SC-170 at East Argent and will feature a child-care center, an aquatic complex, sports fields, a fitness center and an indoor, six-lane pool. The new facility will be located across from Oldfield, a gated community in Okatie.

There are 19.9 total acres for the facility, and its second phase, officials previously said, will include an additional 18,000 square feet for multi-purpose fields for outdoor sports. City officials said there would also be a large amount of open and active space, with trails and walkways throughout the project. The closest YMCA in reference to Hardeeville is located in Port Royal, more than 30 miles from the city.

"When we started this, we did a study and that helped determine the needs in the community and what the community wants," Michael Bostwick, CEO of Beaufort-Jasper YMCA of the Lowcountry said during council's May 4 meeting.

Bostwick told council one of the big things that the community was asking for was a pool, followed by child care and fitness programs.

"This is why those are the initial things we are focusing on," he said.

Jack Fisher, CEO and founder of Preserve Communities, spearheaded the project, donating 20 acres at East Argent, a 7,350-acre master-planned community, according to a news release.

Fisher founded the James Fisher Memorial Foundation to honor his son's passion and further his company's commitment to community.

Bostwick informed council a $1.5 million USDA grant from U.S. Congressman James Clyburn's office would help the project get underway, as the funding had already been approved.

A May 18 news release from Clyburn stated the United States Department of Agriculture (USDA) Rural Development program was awarding $12.7 million in Community Facilities Direct Loans to Jasper County projects.

"Part of the funding will be utilized to construct the Beaufort-Jasper YMCA of the Lowcountry, a new YMCA facility in Hardeeville," the release said.

The press release said "this funding builds upon the $1.5 million Community Project Funding (CPF) Congressman Clyburn secured for the Beaufort-Jasper YMCA of the Lowcountry through the Fiscal Year 2023 House Appropriations Package.''

The Hardeeville Recreation Center has been working in conjunction with the YMCA and already has some YMCA programs at the center, Hardeeville Parks, Recreation and Tourism Director Jennifer Combs said during the May 4 council meeting. Hardeeville Mayor Harry Williams also mentioned the city did not include plans for a pool in its rec center plans because leaders were aware of the future plans for the YMCA and that the two work together on other various programs.

"That’s the great thing about the location of this facility," Bostwick previously said. "We will be able to serve Bluffton, Hardeeville, Ridgeland, Okatie and the (entirety) of Jasper County from the James Fisher Memorial Foundation YMCA. We plan to assist people from all walks of life, all ages and backgrounds in the surrounding community through programs that build healthy spirit, mind, and body for all."

Ralph Fuller, Beaufort-Jasper YMCA’s Board chairman, said in a news release the board of directors is looking forward to construction and completion of its newest branch.

“We believe the programs and services to be provided by the YMCA will positively impact the health and well-being of the youth, adults and senior population in the Hardeeville community,” Fuller said.

Mayor Williams said during council's May 18 meeting he could not wait for the ribbon cutting for the new YMCA.

"It will be a great benefit to our community," he said. "We are real excited. It's a wonderful addition to the city of Hardeeville."

While the Beaufort-Jasper YMCA of the Lowcountry has received a variety of grants to help fund the project, it is continuing to seek donations from community members, a YMCA news release said. Those who would like to contribute can contact Mike Bostwick, Beaufort-Jasper YMCA CEO, at m.bostwick@beaufort-jasperymca.org.

Expanding section of I-95 in Jasper County opens the door for new business

HARDEEVILLE, S.C. —South Carolina state and local Jasper County leaders gathered in a news conference in Hardeeville Thursday to announce the expansion of a portion of I-95 and adding an exit with direct access to a new 4,000-acre development project."We're going to bring jobs. We're going to bring more opportunities," said Hardeeville Mayor Harry Williams."This Exit 3 is an integral part of that expansion," said South Carolina District 42 Sen. Tom Davis.Exit 3 is a part ...

HARDEEVILLE, S.C. —

South Carolina state and local Jasper County leaders gathered in a news conference in Hardeeville Thursday to announce the expansion of a portion of I-95 and adding an exit with direct access to a new 4,000-acre development project.

"We're going to bring jobs. We're going to bring more opportunities," said Hardeeville Mayor Harry Williams.

"This Exit 3 is an integral part of that expansion," said South Carolina District 42 Sen. Tom Davis.

Exit 3 is a part of the Riverport Master Development Project, which will bring a 4,260-acre commercial, industrial and residential area just south of Hardeeville. Watch the video below to see the concept design.

Within Riverport would be new homes, businesses and restaurants, according to Williams. Furthermore, 15 million square feet. of warehousing will be available for businesses to occupy.

“It’s going to become the corridor of opportunity, and I’m really excited about that. I mean, everybody in South Carolina is lining up behind this," Davis said. "The SCDOT secretary, the chairman of the state infrastructure bank, the governor of S.C, Henry McMaster, Jasper County, the city of Hardeeville.”

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According to project designers, not only will the new Exit 3 allow for easier access on and off of I-95, but it will provide a new hurricane evacuation route and will decrease congestion on residential roadways.

“It keeps some of the truck traffic off the residential roads because now they have a very easy access to the industrial complex and also the port, which it will be serving," Williams said.

A key point of Thursday's news conference was education and bolstering the Jasper County school system. With the new Riverport, new residents, more businesses and a higher tax base will help to not only expand on education within the county, but keep residents staying within Hardeeville, according to Jasper County Superintendent Dr. Rechel Anderson.

“To all of us that have pulled together to ensure that opportunity for young people to continue to exist, but it exists beyond now, it will be there for them in the future," Anderson said. "Exit 3 is one of those major examples of economic development and the partnership with education."

There is no current timeline for the project, as lawyers for the improvement say they are waiting for state and federal approval. They hope a decision will come by the end of the year.

Once approved, the South Carolina Department of Transportation can make their own plan, and give clarity on a timeline for completion.

"We want to hear from the public. We want to explain what's going to happen or will happen," Williams said.

Residents can comment on the proposed project through Aug. 10, 2024. You can do it either by email or on the project’s website.

Future of Riverport Development District

HARDEEVILLE, S.C. (WTOC) - The City of Hardeeville is holding a public information meeting on the future of the Riverport Development District.The proposed Riverport development would bring exit 3 to I-95, as well as over 4,000 acres of commercial, light-industrial and residential buildings. Lowcountry leaders from the state and local level believe the development would lead to major economic growth, with high paying jobs and improved infrastructure.It’s a classic Hardeeville story of growth.“Easier access al...

HARDEEVILLE, S.C. (WTOC) - The City of Hardeeville is holding a public information meeting on the future of the Riverport Development District.

The proposed Riverport development would bring exit 3 to I-95, as well as over 4,000 acres of commercial, light-industrial and residential buildings. Lowcountry leaders from the state and local level believe the development would lead to major economic growth, with high paying jobs and improved infrastructure.

It’s a classic Hardeeville story of growth.

“Easier access along I-95 by widening, it includes adding an exit, exit 3. And it includes industrial complex on 5,000 acres,” Harry Williams, MAyor of Hardeeville.

The way Mayor Williams and other officials describe it, all aspects of the project would work in unison. The new industrial development would create high-paying warehouse jobs, those workers would need to eat, so new restaurants would come with the commercial space. Then on the traffic side, there’s the plan to build exit 3, which would go from I-95 to Riverport. Officials say this exit would also have gas stations and restaurants, leading to more jobs.

It’s a major development plan, and officials believe it would change Jasper County’s reputation.

“There was a documentary calling this area the corridor of shame, well thanks to the leadership of Mayor Williams, and thanks to the developer here, and thanks to my friend here on the left who I’ll introduce in a moment, it’s going to become a corridor of opportunity,” said Tom Davis, S.C. State Sen.

That ‘corridor of opportunity’ is supposed to extend to the school system in Jasper County as well. With the commerce generated from the project, officials say a big part of that money will go to the school district.

“If we can certainly generate revenue by all of our individual visitors who are coming to our beautiful area, then for us, it allows us to extend those innovative ideas and opportunities for young people that have never existed before,” said Dr. Rechel Anderson, Superintendent, Jasper County School District.

Mayor Williams told me that if everything is approved, it should take around three years for exit 3 to be done, I-95 to be widened, as well as improvements to exit 5 and 8.

The public information meeting is happening now until 7, so if you have any questions about the project, you can come here and learn more.

Copyright 2024 WTOC. All rights reserved.

City of Hardeeville holds ribbon cutting for commerce park

HARDEEVILLE, S.C. (WTOC) - Hardeeville leaders celebrated a project nearly 20 years in the making today, holding a ribbon cutting for the city’s commerce park.In 2006, this project was an empty plot of land that the City of Hardeeville just acquired. Now, 18 years later, city leaders cut the ribbon on Hardeeville commerce park, touting 1.1 million square feet of buildings, and 300-600 high paying jobs.The process of getting the Commerce Park ready for businesses to start construction took nearly two decades, with applying...

HARDEEVILLE, S.C. (WTOC) - Hardeeville leaders celebrated a project nearly 20 years in the making today, holding a ribbon cutting for the city’s commerce park.

In 2006, this project was an empty plot of land that the City of Hardeeville just acquired. Now, 18 years later, city leaders cut the ribbon on Hardeeville commerce park, touting 1.1 million square feet of buildings, and 300-600 high paying jobs.

The process of getting the Commerce Park ready for businesses to start construction took nearly two decades, with applying and re-applying for grants, working through the pandemic, countless city council meetings, upgrading infrastructure like water lines and more.

“One of the mantras I live by is all good things come to those who wait and by God, we waited a long time,” said Michael J. Czymbor, City Manager, Hardeeville.

Czymbor told me when he joined the city in 2015, he worked to make it a priority to get the park finished. He believes the park is a major benefit to the city.

“This is an astronomical boost to, A: our economy, tax base, and job creation ability,” said Czymbor.

Speaking of astronomical in 2017 WTOC reported that Hardeeville was projected to double in size. Back then, Mayor Harry Williams showed off ‘Starship Hardeeville’ representing the city’s adventure of growth, this morning, he announced the starship’s mission status.

“Today we celebrate Starship Hardeeville’s mission to explore new opportunities and to seek new innovations, and to boldly go where Hardeeville has never gone before,” said Harry Williams, Mayor of Hardeeville.

Now, the construction on the park begins building permits for the new commerce park have already been issued. It will feature light manufacturing, storing and logistics, and services to assist shipping at Savannah’s ports. The park sits right off exit 5 on I-95 and along a railway, making it a convenient shipping route.

Hardeeville’s City Manager told WTOC that the park is an astronomical boost to the city’s economy, taxpayers and ability to create jobs.

The project to build the commerce park began in 2006 with the land acquisition, but took nearly two decades to open for construction. The town’s city manager spoke about many of the challenges faced during his speech, and is happy finally seeing his work complete.

“Until I got here in 2015, it really wasn’t a priority. The council basically said we are going to develop the commerce park, we are going to revitalize the downtown and how do we do it, we build a commerce park that employees people and produces economy,” said Michael J. Czymbor, City Manager, Hardeeville.

Czymbor says that by fall or early next year, Commerce Park should have its first buildings up.

Copyright 2024 WTOC. All rights reserved.

Men’s Golf: Huskies head out to Hardeeville, SC for Big East Championship

The UConn men’s golf team has had the ideal season up to this point, winning numerous competitions, including the UConn Invitational at GreatHorse, Big East Match Play and the Surf Club Invitational. The Huskies have also added numerous top five finishes to their resume and are looking for revenge in this year’s Big East Championship.For Connecticut to win its first in-conference championship in three years, the program will need a short recap of how last season ended. In the Huskies’ previous campaign, the program p...

The UConn men’s golf team has had the ideal season up to this point, winning numerous competitions, including the UConn Invitational at GreatHorse, Big East Match Play and the Surf Club Invitational. The Huskies have also added numerous top five finishes to their resume and are looking for revenge in this year’s Big East Championship.

For Connecticut to win its first in-conference championship in three years, the program will need a short recap of how last season ended. In the Huskies’ previous campaign, the program performed well throughout the regular season, although they couldn’t put the pieces together at the Riverton Pointe Golf and Country Club, finishing ninth in a field of 10. However, this shouldn’t deter Connecticut fans from believing the team can flip the script.

UConn fans should look out for Jimmy Paradise to lead the program. The senior Florida native was a key player all last season, and that hasn’t changed just because the calendar has. Paradise has consistently finished atop the leaderboard for Connecticut this year. He is also coming off an excellent performance, finishing in the top 10 of the competitive Rutherford Invitational, where the rest of the program failed to get going as they had hoped.

Another player who could give the rest of the field trouble is Tommy Dallahan, who has been nothing short of excellent as well. The Simsbury native also put together a top-10 performance in the program’s last appearance. How the two seniors get out of the gates will play a significant role in whether the program leaves the Palmetto State victorious.

The other athletes’ performances will also play a deciding role. Luckily, for UConn fans, no golfer has had a true “poor outing” in recent memory, and all of them tend to finish within a couple of strokes of each other. If the program wishes to succeed in this outing, it will need that same consistency when it treks to South Carolina.

This year’s tournament will take place on the same course as last year’s, meaning that the coaches will be able to plan for anything abnormal that the golfers need to look out for, not to mention individual strategies to attack each hole. As good as UConn was last season, they have taken it to a different level this season, and fans should expect a strong performance from Connecticut. The action will commence from April 27 to April 29.

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