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:
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 John’s Island, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.
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.
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.
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 John’s 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.
Our attorneys love probate and estate-related legal services, including but not limited to the following:
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.
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.
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.
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.
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 John’s 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.
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.
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:
Assets that are not subject to probate in South Carolina include:
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 John’s 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.
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:
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 John’s 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:
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:
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.
Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!
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 John’s 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.
JOHNS ISLAND, S.C. (WCBD) – Johns Island Elementary is expected to open in Fall 2025, however once open it will cause more traffic for surrounding residential neighborhoods.City of Charleston council members met on Jan. 28 for a Traffic and Transportation Committee meeting. They discussed where the progress lies for the new school and heard about traffic pattern setbacks that may delay the project. However, the school is planned to have exits going into two neighborhoods, which has created some concerns.“I think the...
JOHNS ISLAND, S.C. (WCBD) – Johns Island Elementary is expected to open in Fall 2025, however once open it will cause more traffic for surrounding residential neighborhoods.
City of Charleston council members met on Jan. 28 for a Traffic and Transportation Committee meeting. They discussed where the progress lies for the new school and heard about traffic pattern setbacks that may delay the project. However, the school is planned to have exits going into two neighborhoods, which has created some concerns.
“I think the main thing is really just – let’s say there’s an accident on River Road which is already ridiculous as it stands. Where’s everyone going to come from? They’re going to go right through here,” Michelle Ballinger, a Johns Island resident, said. “This neighborhood is fantastic for kiddos but I think the issue is that let’s say a mom is running late or something like that – and a kid darts out. I think it’s just safety for the children in the neighborhood and then feasibility for us to take on all that additional traffic.”
Officials expect nearly 700 students from second to fifth grade to attend. The two exits are on Moonbeam Drive and Claybrook Street, where there are single family homes.
“Talked to the city to do preemptive speed humps or other traffic calming measures in those neighborhoods,” Jim McBride, City of Charleston council member, said of some safety aspects he had asked about.
Ballinger mentioned she had tried accomplish an initiative that would bring such measures into her neighborhood, but was suggested that a traffic study should be done. However, she said it wouldn’t become useful until the regular school day traffic is in full swing.
While the neighbors are excited to have the elementary school, some said even though a new traffic pattern may be necessary, officials need to reassess their priorities first.
“At the end of the day, protecting the kids, the pets and the community is very important, and they need to make sure that message gets out. It will be convenient for us to be able to get our kids to school but it will also be a cut through for others,” Jamie Bradford, a Johns Island resident, said. “We know that, so we want to find out what’s going to happen and then we can address that once we know what’s its going to look like.”
The City of Charleston mayor and Charleston County School District are expected to meet to discuss further road improvements.
Updated: Jan. 30, 2025 at 2:19 PM PSTJOHNS ISLAND, S.C. (WCSC) - Charleston County School District staff ensure the opening of upgraded baseball fields for St. Johns High School baseball and softball players is “on schedule,” after concern from families over winter weather delays and turning over the turf in time.Newly upgraded baseball fields at Johns Island Park are set to be the new dugout for St. Johns High School athletes. The upgrades include new grass, fences, lighting, scoreboards and batting cages costing a...
Updated: Jan. 30, 2025 at 2:19 PM PST
JOHNS ISLAND, S.C. (WCSC) - Charleston County School District staff ensure the opening of upgraded baseball fields for St. Johns High School baseball and softball players is “on schedule,” after concern from families over winter weather delays and turning over the turf in time.
Newly upgraded baseball fields at Johns Island Park are set to be the new dugout for St. Johns High School athletes. The upgrades include new grass, fences, lighting, scoreboards and batting cages costing around $4.8 million. The project has seen a long list of delays nearing the year-and-a-half mark.
The district and its contractors claim to be preparing for one of the two renovated fields to be available for practice and tryouts next week, February 3. The district added a second field for school use will be available “soon thereafter.”
The district expects all aspects of the project to be done in time to start high school baseball season in March.
Parents say baseball and softball are a hotspot on Johns Island, with more than 600 kids involved in Little League programs, yet a majority of its student athletes travel to other areas for the sport. They believe the problem is a lack of resources.
“We want it to be done. I want it all, I’m sorry. I don’t want halfway anymore. They tell us they want to give us an equitable solution, equitable fields. On par with what we’re seeing elsewhere at other schools. We’re just not seeing that,” parent Lindsay Jackson says.
Shelton’s son is a senior at St. Johns High School, among many who are hoping to play college baseball.
" The goalpost is continuing to be moved. We’ve never had a good, every deadline or timeline we’ve been given has fallen through, it’s been broken, it’s inadequate. Everything in this process along the way has been completely inadequate and our kids deserve more. They put in the work, the effort, they deserve a lot more," parent Jeremy Shelton says.
In Monday’s board of trustees meeting, the district pointed to snow and ice from last week’s storm, prompting challenges for construction crews. Chief Operating Officer Jeff Borowy mentioned the weather placed workers out of a week’s worth of work.
“We have fielded questions from constituents, from board members, about that. We have ensured we’ve prioritized a practice space and we are scheduled to open on time, although last week’s weather episode with the ice made it challenging,” Superintendent Anita Huggins says.
Borowy intends to keep the opening date, set for the beginning of February, despite those delays. Borowy also mentioned collaboration with the City of Charleston, who owns Johns Island Park, added a step to the process.
The district expects to install the new scoreboard, venue parking, stands and pavilion pavers by the end of February. It does not intend to interfere with St. Johns High students' ability to practice.
“We feel very confident that the best has been done with that field to minimize the impact on St. Johns High School and as the superintendent pointed out, have it ready for the upcoming season this spring,” Borowy says. “That project, from a construction perspective, will end up taking 10 months. 10 months for a construction project is pretty incredible. We’ve had other teams that have lost an entire season because of the construction process.”
The district claims sod for the fields was placed last October, along with an emergent to accelerate root establishment. Once installed, the sod takes root within 10-14 days and 406 weeks to establish. The district claims the sod is suitable for play.
Since August 2023, Live5News has published three articles surrounding the completion of the fields, not including this one:
In 2023, those delays were prompted by reallocating the funding to other “priority projects.” The district claims the cost of the project was never cut, but rather increased by the board of trustees.
In the meantime, players have been using rectangular fields on campus, formerly tennis courts, or traveling to different parks, fields or facilities. The district says one of those facilities is the Haut Gap Middle School baseball fields, located 1.4 miles from St. Johns High.
“How are they going to provide what they promised? Not really for us, but our kids. They’re the ones getting affected most by it,” parent Jothem Jayne says.
“This is the best way to get parents to keep kids on the island. 50% of the kids living on the island at high school age leave and go to other high schools. I wonder why. We don’t have a baseball field and we haven’t had one since 1923,” parent Karen Tetrev says.
The district replied to comparisons of St. Johns infrastructure to Lucky Beckham High’s baseball field. The district claims that the field was under construction for 15 months, making it so the team could not use the existing field for an entire baseball season. The Johns Island Park project, on the other hand, was compressed to 10 months so the team would not lose a season of play, according to the district.
The team is asking for a defined completion date and full commitment to the completion. If the district is unable to provide the requested information, parents are asking for help with transportation to alternate parks, practice fields or facilities.
Copyright 2025 WCSC. All rights reserved.
The recent winter weather blast has not only affected drivers but has also taken a toll on local farmers, including those at Legare Farms on Johns Island. The farm has faced significant challenges due to the sudden drop in temperatures. (WCIV)JOHNS ISLAND, S.C. (WCIV) — The recent winter weather blast has not only affected drivers but has also taken a toll on local farmers, including those at Legare Farms on Johns Island. The farm has faced significant challenges due to the sudden drop in temperatures."It was like a ...
The recent winter weather blast has not only affected drivers but has also taken a toll on local farmers, including those at Legare Farms on Johns Island. The farm has faced significant challenges due to the sudden drop in temperatures. (WCIV)
JOHNS ISLAND, S.C. (WCIV) — The recent winter weather blast has not only affected drivers but has also taken a toll on local farmers, including those at Legare Farms on Johns Island. The farm has faced significant challenges due to the sudden drop in temperatures.
"It was like a sleet," Thomas Legare, a farmer at Legare Farms, said. "I walked outside about eight o'clock to get him, bring him in the house, it was pelting you. It was hurting when it was hitting you."
Legare explained, "Between myself and my crew-- we've had to put in a lot of overtime here in the last couple of days. Feeding animals, getting ice out of water troughs, making sure everything's got feed and hay."
The cold weather has led to the loss of five water buffaloes on the farm. "All of a sudden this storm hit and temperatures dropped below freezing and I think that's what caused the fatalities in some of our buffaloes," Legare said.
READ MORE | "Dorchester roads slowly improving but black ice remains a danger, officials warn drivers"
Despite the harsh conditions, Legare emphasized the relentless nature of farming. "We're busy 365 days out of the year," he said.
The winter weather's remnants, including snow and sleet, may impact upcoming crops and have already affected the farm's workload. "Our business is down big time this week," Legare said, noting that the farm's mobile markets have been shut due to rough roads.
However, there is hope on the horizon as temperatures rise, melting some of the ice and snow. Legare Farms is preparing to celebrate 300 years of serving the Lowcountry. "I've probably seen more in my lifetime in the last 60 years than in the first 240 years we were here," Legare said.
He is preparing to start planting winter and spring vegetables soon. The impact on crops will depend on how wet the fields remain and for how long.
JOHNS ISLAND — The most popular person with the animals at Legare Farms is the one with the food.On a cold and blustery March morning, Linda Legare-Berry is the day's star as she walks to a shed near the enclosure where the cows, donkeys, goats and pigs are. With part of the enclosure open, allowing the animals to wander, two Sicilian donkeys, Aurora and Coco, follow her into the shed as she gathers the stock feed pellets.Legare-Berry shoos the donkeys...
JOHNS ISLAND — The most popular person with the animals at Legare Farms is the one with the food.
On a cold and blustery March morning, Linda Legare-Berry is the day's star as she walks to a shed near the enclosure where the cows, donkeys, goats and pigs are. With part of the enclosure open, allowing the animals to wander, two Sicilian donkeys, Aurora and Coco, follow her into the shed as she gathers the stock feed pellets.
Legare-Berry shoos the donkeys away so she can close the door behind her. But Aurora and Coco wait and then follow her while she feeds the animals by hand, and almost fighting with the cows after the last of the pellets gets dumped on the ground.
Some animals have a particular taste for other morsels beyond stock feed, Legare-Berry notes.
"Coco loves marshmallows," she said as she fed the donkey.
Legare-Berry is the ninth generation of her family to work on Legare Farms, which is celebrating 300 years of operations this year. The 300-acre property is one of the oldest farms in South Carolina.
The farm, located down a long dirt drive off River Road south of the county airport, celebrated its historical milestone with a Heritage Day on March 8. The event included hayrides, antique tractors and a corn cannon. They also did demonstrations of activities that once took place on the farm, like indigo dyeing and candle makingree. There also were reenactments of the American Revolution and Civil War, both of which Legare family members fought in.
One of three siblings that runs the farm today, Legare-Berry has spent the last seven years working on a book that details its history, starting with Solomon Legare, a silver and goldsmith who immigrated from France in the late 17th century.
Legare-Berry said she worries if the history isn't written down, it will be lost to time. She hopes it will help her children and grandchildren learn the farm's past and continue running it for another 300 years.
Solomon Legare bought property on Johns Island in 1725, which marked the beginning of Legare Farms. The first couple generations of Legares grew rice and indigo, Legare-Berry said. The fourth generation started growing Sea Island cotton, completing the big-three of cash crops grown on Southern plantations.
Legare-Berry said the farm did use slave labor.
"I don’t think there would be any farms anywhere in the Lowcountry that didn’t," she said. But other than one will from Thomas Legare in 1842, Legare-Berry said she hasn't been able to find other wills that mention any enslaved people by name.
She's found more information about enslaved people from records of the Johns Island Presbyterian Church, where both the Legare family as well as the enslaved laborers attended.
After the Revolutionary War, the farm stopped growing indigo. It stopped harvesting Sea Island cotton after World War I. In the 1920s, the family started growing cabbage and potatoes, Legare-Berry said. Over time they switched to grain, watermelons and cantaloupes, and started raising animals like cows and sheep.
Now, the Legares plant a variety of vegetables, like collard greens, broccoli, cauliflower, brussels sprouts and squash.
Legare-Berry said the farm has continued to work for three centuries, in part, because of its versatility.
"So many of the other farmers that we've known had one niche that they were in, and when it failed for whatever reason, they couldn’t keep going," Legare-Berry said. "Our family has apparently always been very adaptable and willing to change with the times."
Wayne O’Bryant, historian at the Center for African American History, Art and Culture in Aiken, said it's impressive for Legare Farms to remain within the family for 300 years. There are several historic properties that are no longer owned by the families they're named after, like the William Aiken House on King Street, he said.
"It's not like it's the only case, but there's not a lot of cases of people holding on to (property) from the 1700s to the present," O’Bryant said. "It's relatively rare."
Many plantations are now designated historic sites and ownership has changed to a historic society or a municipality so it could be run as a tourist destination, O’Bryant said. What makes Legare Farms interesting is that it remains an operational farm and that's how the Legares make money, he said.
Legare-Berry said it can be a difficult responsibility to keep the farm going through tough times. But she's grateful the family has a beautiful piece of property on the Stono River and has the opportunity to bring kids out to the farm to teach them more about agriculture.
"When I was a teenager, I couldn't wait to get away," Legare-Berry said. "You couldn’t drag me away now."
Looking back, she said she realizes she had an idyllic childhood being raised on the farm. While she didn't enjoy having to work growing up, she now appreciates the work ethic she developed.
JOHNS ISLAND, S.C. (WCSC) - City of Charleston leaders are in the process of bringing the first-ever recreation center to Johns Island.This facility will be funded by a $70 million parks bond referendum that Charleston voters overwhelmingly passed back in 2023.Officials say the Johns Island Recreation Center and Aquatic Facility will be located next to the Johns Island City Park.C...
JOHNS ISLAND, S.C. (WCSC) - City of Charleston leaders are in the process of bringing the first-ever recreation center to Johns Island.
This facility will be funded by a $70 million parks bond referendum that Charleston voters overwhelmingly passed back in 2023.
Officials say the Johns Island Recreation Center and Aquatic Facility will be located next to the Johns Island City Park.
City council member Jim McBride, who represents Johns Island, says this project is crucial for the community, given the lack of facilities they currently have.
“Johns Island has the fewest parks and recreation facilities government offered per capita anywhere in Charleston, so this is sorely needed. It will have a pool and there is going to be a budget, you know, several million dollars and we’re going to try and fit in as many functions as we possibly can based on public input,” McBride says.
McBride says he is part of a selection committee where they are currently working to review qualifications and eventually choose a construction manager at risk for the project.
A construction manager at risk is when a construction manager commits to completing a project within a set guaranteed maximum price, if the construction manager goes over that price during construction then they have to pay for the extra costs, not the city.
McBride says that public input is going to be key in shaping the design of this facility. He says in the coming months, community members will have the opportunity to share what they want to see included in the project with city leaders.
The goal is to incorporate as many amenities as possible within budget while also ensuring high-quality construction. McBride says that Mayor Cogswell has pointed out that he wants this facility to be of the same high quality as the Daniel Island Recreation Center.
He says this facility could also reduce traffic concerns, saying that residents are often having to travel to other areas of Charleston to find a recreation center to use.
“People have to drive to West Ashley, or James Island, or other parts of Charleston to find a recreation center, find a pool and it makes it harder on parents for their children to do activities that they could do on Johns Island here in a couple of years hopefully, so this is one of many aspects of fighting the traffic problems on Johns Island,” McBride says.
He says once a construction manager is selected, they will be able to establish a more definitive timeline for the project. McBride says he hopes that within two years, shovels will be in the ground if construction isn’t completed already.
Copyright 2025 WCSC. All rights reserved.
,