Probate Lawyer in Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, SC
Probate Lawyer Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, 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 Hilton Head Island, SC

Body of Man Who Went Missing From Hilton Head Rental Found Underneath Nearby Home One Week Later

Stanley Kotowski's remains have been found ten days after he went missing from his family's rental property on South Carolina's Hilton Head Island.The Beaufort County Sheriff’s Office responded to a Sea Pines home regarding suspicious activity at about 11:30 a.m. on Monday, Aug. 26.According to a ...

Stanley Kotowski's remains have been found ten days after he went missing from his family's rental property on South Carolina's Hilton Head Island.

The Beaufort County Sheriff’s Office responded to a Sea Pines home regarding suspicious activity at about 11:30 a.m. on Monday, Aug. 26.

According to a press release from the department, upon their arrival, officers conducted an investigation that led to the discovery of the body of a deceased male underneath the residence.

Mass. Father, 60, Missing After He Was Seen Leaving Family's Vacation Rental Barefoot on Ring Camera

"It is believed that the deceased male is 60-year-old Stanley Kotowski of Massachusetts," the press release states.

The body is scheduled to undergo an autopsy by the Beaufort County Coroner’s Office on Tuesday, Aug. 27, to "determine the manner of death, as well as positively identify the decedent."

Kotowski's family, however, has confirmed to WJCL that the remains are his and were found beneath a home "four houses down" from their rental unit.

The Massachusetts native was last seen in the South Sea Pines Drive area on Friday, August 16, around 10:30 a.m.

A previous press release explained that Kotowski exited the rental home without personal belongings, such as his cell phone or wallet.

"Since Kotowski was reported missing the Sheriff's Office has continued search efforts. BCSO, along with other agencies and Sea Pines Security, have been using multiple resources to search for Kotowski to, include K9s, helicopters, drones, boats, and foot patrol," the press release said.

To aid in the search, the Beaufort County Sheriff’s Office released ring doorbell footage from the property that showed Kotowsk exiting the home barefoot in a dark-colored Coors Light T-shirt and shorts. He then stopped in the middle of the street and looked at the area around him before slowly walking out of the frame.

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"He just walked out the door. He had really bad insomnia for about a month," his wife, Jackie Kotowski, recalled at the time to WJCL. "He doesn't have dementia. His anxiety just kept getting worse and worse and worse, and he started to get a little paranoid."

Mystery as Missing Mass. Man's Body Found Under South Carolina House

The body of a Massachusetts man has been found underneath a house in South Carolina, sparking questions as to what happened.South Carolina authorities say they believe the body is that of 60-year-old Stanley Kotowski, who went missing while on vacation on Hilton Head Island, South Carolina. He was last seen in the South Sea Pines Drive area on August 16....

The body of a Massachusetts man has been found underneath a house in South Carolina, sparking questions as to what happened.

South Carolina authorities say they believe the body is that of 60-year-old Stanley Kotowski, who went missing while on vacation on Hilton Head Island, South Carolina. He was last seen in the South Sea Pines Drive area on August 16.

At 3:30 p.m. on August 26, the Beaufort County Sheriff's Office discovered the body underneath a house also in the South Sea Pines area. The discovery was made after a report of suspicious activity at the 5,000-acre gated community on the morning of August 26.

Following the news of the body being found, Stanley Kotowski's wife, Jackie Kotowski, posted on Facebook: "It is with deep sorrow that I share the heartbreaking news that Stan has been found. Sadly, he is no longer with us. Our hearts are heavy with grief as we begin to process this unimaginable loss.

"Zak, Ryan [Jackie and Stanley's sons] and I want to extend our heartfelt thanks to everyone who offered their support, shared information, and helped in the search efforts. Your kindness and concern have meant the world to us during this incredibly difficult time."

An autopsy by the Beaufort County Coroner's Office will positively identify the body and determine cause of death.

Newsweek has emailed the Beaufort County Sheriff's Office for more information.

Of his disappearance, Jackie Kotowski told WJCL 22 News: "He just walked out the door. He had really bad insomnia for about a month. He doesn't have dementia. His anxiety just kept getting worse and worse and worse, and he started to get a little paranoid. He thought someone was chasing him."

On her personal Facebook page, Jackie added that her husband was not a fan of the ocean in Hilton Head and of late had become concerned about "exposure to the sun, jellyfish and sharks."

In the days after he went missing, Jackie wrote on her Facebook page that the current theory was he was taking shelter and hiding nearby.

Kotowski was last seen wearing a dark Coors Light T-shirt, dark blue or black shorts and no shoes. He did not have a phone or a wallet on him when he went missing.

Ring doorbell camera footage released by the Beaufort County Sheriff's Office showed Kotowski dressed in these same clothes and barefoot leaving his vacation rental at 10:30 a.m. on August 16.

Posts by Jackie Kotowski on her personal Facebook page show there was also a sighting of Kotowski at The Salty Dog restaurant and recreation facility on August 16.

The 11-day search for Kotowski included helicopters, boats, drones, foot patrons and canine units.

Body found in Hilton Head, South Carolina believed to be Massachusetts man who vanished

A Massachusetts man who had been missing for more than a week is believed to have been found dead underneath a home at the same resort in South Carolina where he was vacationing with his family, according to authorities.Stanley Kotowski, 60, vanished Aug. 16 after he left the vacation rental property at Hilton Head Island where the family was s...

A Massachusetts man who had been missing for more than a week is believed to have been found dead underneath a home at the same resort in South Carolina where he was vacationing with his family, according to authorities.

Stanley Kotowski, 60, vanished Aug. 16 after he left the vacation rental property at Hilton Head Island where the family was staying. Law enforcement officers in Beaufort County, which includes the island, spent days searching the area for Kotowski, who was believed to be having a mental health crisis.

That search came to an end Monday when sheriff's deputies called to a home for suspicious activity found the body of a man underneath the property, the agency said in an update on Facebook. The body was believed to be Kotowski's, according to the sheriff's office.

Missing hiker found dead:Remains found in Washington believed to be missing Oregon hiker

Stanley Kotowski left vacation rental with no shoes, phone

Kotowski and his family, who are from Methuen, about 30 miles north of Boston, were vacationing at Hilton Head Island when he disappeared.

Kotowski was last seen on the morning of Aug. 16 leaving his family’s rental at the Sea Pines Resort. When Kotowski left, he was shoeless and without his phone and wallet, according to the Beaufort County Sheriff's Office.

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In home surveillance footage shared Saturday by the sheriff's office, Kotowski doesn't appear to be rushed or panicked as he calmly leaves the home. He can be seen in the footage walking barefoot to the street, where he pauses for a few moments before walking off camera.

His wife, Jackie Kotowski, said her husband had been struggling with anxiety, insomnia and paranoia.

"He thought someone was chasing him," Jackie Kotowski told ABC Savannah, Georgia, affiliate WJCL.

The sheriff's office deployed canines, drones, and helicopters to locate Kotowski, and firefighters helped to comb residential and wooded areas. But for days, the only signs of Kotowski came from sporadic recordings on neighbors' home surveillance cameras.

Kotowski believed to be found dead underneath Sea Pines home

After sheriff's deputies were called at 11:30 a.m. local time Monday to a home at the Sea Pines resort, "the body of a deceased male was located underneath a residence," the sheriff's office said.

The sheriff's office said an autopsy would be performed.

Kotowski's family confirmed to WJCL that the body was his and was found beneath a home four houses down from their rental unit.

Eric Lagatta covers breaking and trending news for USA TODAY. Reach him at elagatta@gannett.com

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