Probate Lawyer in Isle of Palms, 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 Isle of Palms, 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 Isle of Palms, 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 Isle Of Palms, SC
Probate Lawyer Isle Of Palms, 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 Isle of Palms, 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 Isle of Palms, 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 Isle of Palms, 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 Isle of Palms, SC

VIDEO: Isle of Palms residents make light of flooding from Tropical Storm Debby

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Editorial: IOP seawall debate should be must-see TV for SC legislators

Most South Carolinians don’t have a dog in the Isle of Palms’ ongoing fight over whether to liberalize its seawall ordinance. But the debate at the very place where multimillion-dollar homes meet the public beach has been instructive in a state that’s grappling with whether to protect the broad public interest in the wide white beaches that feed our tourism industry or the narrow interests of property owners who sank millions of dollars into land that the sea is determined to reclaim.Beaches on barrier islands by the...

Most South Carolinians don’t have a dog in the Isle of Palms’ ongoing fight over whether to liberalize its seawall ordinance. But the debate at the very place where multimillion-dollar homes meet the public beach has been instructive in a state that’s grappling with whether to protect the broad public interest in the wide white beaches that feed our tourism industry or the narrow interests of property owners who sank millions of dollars into land that the sea is determined to reclaim.

Beaches on barrier islands by their very nature erode and accrete, so the only way to ensure that we have beaches over time is to let them do that, without any interference from seawalls or other artificial impediments.

Editorials

The 1988 Beachfront Management Act was designed to ensure that there’s dry beach to walk on, even at high tide, and to reduce erosion both to the public’s beach and to the unarmored property adjacent to the seawalls. It does this primarily by prohibiting the construction of new permanent erosion-control devices on the beach itself, which belongs to the public.

That law has come under increasing fire from some state legislators, as rising sea levels combine with the exploding values of oceanfront property to turn property owners into a powerful lobbying force at the Statehouse. So far Gov. Henry McMaster has blocked their efforts to gut the law and destroy our public beaches, but he won't be governor forever.

Editorials

The Isle of Palms has a zoning restriction that goes far beyond the state law, prohibiting seawalls within 250 feet of the high tide line, even when that’s farther inland than where the state’s jurisdiction ends. That restriction was put in place for aesthetic reasons, but the City Council’s refusal last week to liberalize it, even temporarily, spoke to the vital truth about seawalls and other hard erosion-control devices.

The council had adopted a temporary ordinance earlier this year that allowed some property owners to build seawalls and revetments 20 feet closer to the beach, as long as they didn’t violate state law. Also, an engineer had to certify that the structures wouldn’t increase beach erosion or harm a neighbor’s property.

No engineer was willing to do that, so last week, as The Post and Courier’s Anna Sharpe reports, Mayor Phillip Pounds proposed adopting a more liberal version of that emergency ordinance — this one without the engineer’s certification. Instead, the property owner merely would have to sign a release that ensured the city couldn’t be held legally responsible if the seawall damaged a neighbor’s property. That is, it would have allowed the city to wash its hands of the whole thing and left property owners on their own to sue their neighbors whose seawall destroyed their property.

Councilman Blair Hahn, like all the other council members and few state legislators, represents the owners of the multimillion-dollar homes who want to erect seawalls. His brief but eloquent objection should be required viewing for all state legislators. (Start the July 23 council meeting at 1 hour, 50 minutes in.)

“We as a government are charged with protecting the residents, to a reasonable degree,” he said. “We can’t protect some residents to the potential detriment of others." Read that second sentence again, because it's crucial.

Mr. Hahn noted that the city tried to eliminate that problem earlier in the year by requiring an engineer to certify that a seawall wouldn’t hurt neighboring properties. “No engineer would do that, because we all know that a wall will in fact hurt neighboring properties in an erosional event, because you have the backwash on both sides,” he said. “And so I can’t support giving protection to one resident at the expense of neighboring residents.”

Once you accept the basic physics — and Mr. Hahn reminded the council that it had voted earlier in that same meeting to foot the bill for a temporary sandbag seawall without any breaks in it because the city’s own consultant said breaks would allow backwash — it’s hard to argue with the reasoning or the morality behind his position.

As Councilwoman Katie Miars put it: “I don’t see how we can pass something that … most likely will do harm to some adjacent property owners.”

Editorials

It was a popular sentiment: The ordinance needed six votes to be adopted; it got only three — and five "no" votes.

Property owners always have the right to sue a neighbor who damages their property — whether that’s from a tree that falls onto their roof or a seawall that channels rushing water onto their property and undermines their foundation. But in many cases it's reasonable for government to prohibit those actions it knows will harm innocent victims.

Editorials

And the general public has far less opportunity to sue; we have to rely on government to protect our right to the dry sandy beaches with which nature blessed so much of South Carolina’s coast.

The Legislature has provided that protection since 1988. It must continue to do so.

Editor's note: This editorial has been corrected from an earlier version, which said the Isle of Palms ordinance prohibits seawalls 250 feet landward of the high tide line; that was supposed to say seaward.

Click here for more opinion content from The Post and Courier.

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Isle of Palms using $1.25M of state funding for drainage project

ISLE OF PALMS, S.C. (WCSC) - The City of Isle of Palms is using $1.25 million of earmarked state budget money to make drainage pipe improvements and new installations along one flooding-prone road.City officials say Palm Boulevard is one of the main roads across the island, and on a rainy day or even during a king tide, it can become impassable.“We’ve got probably another 50-ish million dollars’ worth of drainage projects kind of on the shelf, if you will. We’ve done an island-wide drainage study so we k...

ISLE OF PALMS, S.C. (WCSC) - The City of Isle of Palms is using $1.25 million of earmarked state budget money to make drainage pipe improvements and new installations along one flooding-prone road.

City officials say Palm Boulevard is one of the main roads across the island, and on a rainy day or even during a king tide, it can become impassable.

“We’ve got probably another 50-ish million dollars’ worth of drainage projects kind of on the shelf, if you will. We’ve done an island-wide drainage study so we kind of know the next 10 projects we need to be working on and kind of in the next hotspots,” Mayor Phillip Pounds says.

Pounds says the 3700 and 3800 blocks of Palm Boulevard are key to take care of next. The town is currently going through the permitting process to replace old drainage pipes and lay some new ones. He expects the project to be about $1.5 million and the state funding will cover most of the cost.

“This will be a little bit of both new infrastructure as well as replacing some smaller pipe system because a lot of it’s old. A lot of it may be undersized for the growth to happen on the island and particularly where you’ve had so many small houses torn down and big houses put up. You know some of those pipes were built a number of years ago for the size island we were at the time,” Pounds says.

In the application for state funding, the city explains this neighborhood is lower than surrounding areas and the existing stormwater system is inadequate at draining during significant rain events. The result is impassable roads and property damage. The solution involves replacing undersized pipes.

“There will be construction in 2025 would be my best guess at this point. If we can get the permits in fairly quickly, again, a year-long process to get approval on those permits and easement issues. We need to take care of it,” Pounds says.

It’s one of many projects, both recently completed and on the to-do list. Pounds says the city is always thinking of where to begin permitting and pursuing funding so the timing lines up so that they can address hotspots like Palm Boulevard.

“We just finished three big drainage projects in the last 12 months and those are really fixing the outfall, if you will also on the backside of the island. So, kind of creating, you know the flow to get water off the island as fast as we can into the intercoastal or to the creek system,” Pounds says.

Another hotspot area is Carolina, 2nd, 20th, 21st, 27th and 28th Avenues. It’s an area Pounds says he has his eye on, already thinking of what grants and funding could pay for improvements. Improvements like installing tide valves and outfall structures on the backside of the island to seal high tides from inundating the interior of the island.

Island leaders note the city is experiencing more frequent sunny day flooding due to the more frequent high tides and this flooding is causing tidal water to run into roadways and into yards.

“So, our Public Works staff does a great job on the day-to-day maintenance of the ditches and the pipes and everything but there’s just some bigger infrastructure that we need to put in place and that $50 million number, that’s sitting on the shelf,” Pounds says.

Copyright 2024 WCSC. All rights reserved.

Isle of Palms plans to spend $1M in beach renourishment on inlet rebuilding

ISLE OF PALMS, S.C. (WCSC) - The Isle of Palms is getting $1 million in state budget funding for beach renourishment that leaders say they plan to use to build up Breach Inlet and do shoal work from Dewees Island.The city applied for $2.5 million estimating the restoration projects forecast for the next 10-15 years, including shoal management and large-scale offshore dredging, will exceed $30 million. The $2.5 million request would cover the construction costs of a shoal and inlet management project and engineering costs for long-term...

ISLE OF PALMS, S.C. (WCSC) - The Isle of Palms is getting $1 million in state budget funding for beach renourishment that leaders say they plan to use to build up Breach Inlet and do shoal work from Dewees Island.

The city applied for $2.5 million estimating the restoration projects forecast for the next 10-15 years, including shoal management and large-scale offshore dredging, will exceed $30 million. The $2.5 million request would cover the construction costs of a shoal and inlet management project and engineering costs for long-term sand sources. The state earmarked $1 million for this year.

“We’re grateful for anything from the state budget standpoint,” Isle of Palms Mayor Phillip Pounds says. “The state doesn’t have a funding mechanism for beach renourishment, so that was part of our reason for asking for the number.”

The city is already anticipating an Army Corps of Engineers renourishment sand dump for Breach Inlet in September 2024.

“The Army Corps will dump that sand on our beach, and it’s about 500,000 cubic yards, or about $10 million of free sand, if you will. Great. Again, we’re grateful for that, and then we’ll spend a half million to shape it,” Pounds says.

Once the Army Corps drops the sand, it will be up to the town to use it to build the beach. Half a million of the incoming state funding will go to cover the beach and dune shaping. The other half a million, Mayor Pounds hopes will go toward some shoal work on the other end of the island. The town is waiting on permit approval for the shoal management project.

“So there’s a huge stand bar coming from Dewees south and moving into the Isle of Palms, so it’s not quite attached yet. It’s relatively close, so we will use that sand, probably another million or so dollar project on its own, once that attaches, we’ll help Mother Nature along and pull some of that sand onto the island and re-shape the dune and re-shape the beach,” Pounds says.

Pounds says the north-end shoal project does depend on permit approval. He hopes to get that project done in late 2024 or 2025. Pounds says these projects are the small versions that carry the island through between large off-shore dredging.

“We have a huge beach renourishment, anticipated project here in 2027 2028 that’s probably in the $20 million time frame. That’s the big ticket item,” Pounds says.

Pounds calls the funding for these projects the literal million-dollar question. He says as a town with an annual budget of $25 million it can be a challenge to manage the beach, and leaders are looking far and wide for funding solutions.

“You have different hot spots over the course of time as cycles ebb and flow, and it’s really about using the shoal management, using the Army Corps project, using the next big renourishment project. I mean it’s a log of pieces that go into managing a seven-mile beach. You really have to be creative in your funding and your timing,” Pounds says.

So far, they are using the Army Corps project, the shoal, and the state funding to their advantage using planning and timing. But without a set state department or bank of funds designated for the beaches, it can be hard to secure.

“We’ve had an ad-hoc committee going, it’s some residents, some council members, for looking at beach preservation specifically, and part of that is coming up with renewable, ongoing funding. And that’s still a work in progress,” Pounds says.

He says the town will continue to ask for what they need from the state, rely on FEMA when it comes to impact from named storms, and pursue grants. They are also looking at a variety of at-home options, like a tax district on the island that could funnel directly into beach returns.

“So we are going to be as aggressive as we can. You know, whether it’s state, federal or other grant funding that’s out there available,” Pounds says.

Copyright 2024 WCSC. All rights reserved.

Isle of Palms discusses stop-gap efforts thwart beach erosion worries

ISLE OF PALMS, S.C. (WCIV) — Beach erosion is an issue for many beach communities across the East Coast and a pressing matter on the Isle of Palms.The Isle of Palms, like other low country beaches, is working to combat erosion."We're one storm away from losing a lot of homes," saysDan Slotchiver, a member of the Isle of Palms Beach Preservation Committee.READ MORE | ...

ISLE OF PALMS, S.C. (WCIV) — Beach erosion is an issue for many beach communities across the East Coast and a pressing matter on the Isle of Palms.

The Isle of Palms, like other low country beaches, is working to combat erosion.

"We're one storm away from losing a lot of homes," saysDan Slotchiver, a member of the Isle of Palms Beach Preservation Committee.

READ MORE | "Isle of Palms to use shoal management for beach upkeep, project starts this winter."

"We're coming up with a very potentially dangerous hurricane season, and we've already got homes that are much closer to the sand than our studies and our findings on this committee show to be safe," adds Slotchiver.

A plan is in place to add 500 thousand cubic yards of sand this summer, during the height of hurricane season. The committee is looking for stop-gap measures between renourishment projects.

"One of the things we try to come up with, and we're still fine-tuning, is what is the optimal beach? What level do we want to have sand up to safely, where if it gets below that level, we have to step in"

READ MORE | "Isle of Palms Cleanup Crew plans beach litter sweeps for busy Fourth of July week."

Triggers for sand recycling projects when displacement reaches a certain level during the year are one suggestion, along with beach monitoring surveys twice a year.

"The idea of the committee is to figure out a way to be more proactive, to create triggers so that when things happen, we can respond quicker, and we can have patches we can put into place until we can have a new reimbursement," adds Slotchiver.

But new plans inevitably come at a cost. For example, a renourishment every ten years saves almost 15 million dollars compared to every eight years but offers less protection.

"Ideally we would get community funds from other counties. We'd get community funds or state funds contributing, because a large part of the beach generates tourism, and tourism brings a lot of money to the community and brings a lot of money to the state. But at this point, it doesn't exist. There are no funds to be coming in to support, so we're on our own," adds Slotchiver.

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