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. (WCIV) — Funding is now complete for a major affordable housing development on Johns Island that will bring homeownership opportunities to 50 Lowcountry families struggling with rising housing costs.Sea Island Habitat for Humanity has secured all the funding needed to begin building infrastructure for Sweetgrass Preserve, a new neighborhood planned on a 30-acre parcel of land. The milestone clears the way for construction to begin on what officials say is the nonprofit’s largest project to date.On...
JOHNS ISLAND, S.C. (WCIV) — Funding is now complete for a major affordable housing development on Johns Island that will bring homeownership opportunities to 50 Lowcountry families struggling with rising housing costs.
Sea Island Habitat for Humanity has secured all the funding needed to begin building infrastructure for Sweetgrass Preserve, a new neighborhood planned on a 30-acre parcel of land. The milestone clears the way for construction to begin on what officials say is the nonprofit’s largest project to date.
Once completed, Sweetgrass Preserve will include 50 affordable, owner-occupied homes for families who already live and work on Johns Island but have found it increasingly difficult to buy a home through traditional means.
“It’s folks who own their own houses. So, it’s not rentals. They’re not short-term residencies,” said John Rhoden, executive director of Sea Island Habitat for Humanity. “They’re people who already live here and now getting a house of their own for the first time. It’s people who can’t afford a house in the normal process.”
Habitat officials say the project is a direct response to rising housing costs on the island. New data shows the typical home now sells on Johns Island for about $700,000, nearly 10% higher than this time last year.
Habitat for Humanity says Sweetgrass Preserve offers what it calls a long-term housing solution. Families who qualify purchase their homes through an affordable mortgage and also help build them alongside volunteers.
“We’re probably the closest thing I can come up with to a permanent solution for housing,” Rhoden said. “They’re getting a house, it’s their house, it’s a mortgage, they own it. But they also have to work on that house. It’s not a free house — they’re buying it from us, and they help us build it.”
READ MORE | "Charleston Housing Authority approved for 77-unit affordable housing on Huger Street."
The nonprofit is currently working with Charleston County to complete the permitting process. Construction is expected to take about five years, with 10 homes built each year.
Unlike some previous Habitat projects, officials say Sweetgrass Preserve is being planned and built as a single, cohesive neighborhood. The development also includes efforts to preserve natural features, such as saving trees and creating green and park spaces within the community.
“We’re spending a lot of time up front, getting it all planned beginning to end,” Rhoden said. “So, it’s one community as opposed to just throwing a house here and there like we have done in the past sometimes.”
Building homes in the same area at the same time also allows Habitat to maximize volunteer efforts.
“We’re all on the same street working, all building at the same time,” Rhoden said. “We can use volunteers on multiple buildings at the same time. It helps with the economies of scale.”
With funding now secured, Habitat officials say there are more opportunities for community members to get involved.
“We always need the help,” Rhoden said. “We need help swinging hammers, painting, caulking — all kinds of things. If you want to come work on a job site, you can give us a call.”
Groundbreaking for Sweetgrass Preserve is expected to begin in mid-2026, and officials hope to have the first nine families moved in by next December.
JOHNS ISLAND — Trees falling onto roads are not as rare of an occurrence as residents would like.Since last November, the St. John’s Fire District has responded to 60 calls to clear downed trees that block the roads of the Sea Islands, according to data from the fire department.Of those 60 calls, over half of them were for various roads on Johns Island.These downed trees aren’t always just the result of storms or bad luck. Development and lack of maintenance are often the culprits, said Ary Fun, preside...
JOHNS ISLAND — Trees falling onto roads are not as rare of an occurrence as residents would like.
Since last November, the St. John’s Fire District has responded to 60 calls to clear downed trees that block the roads of the Sea Islands, according to data from the fire department.
Of those 60 calls, over half of them were for various roads on Johns Island.
These downed trees aren’t always just the result of storms or bad luck. Development and lack of maintenance are often the culprits, said Ary Fun, president and co-owner of The Charleston Arborist.
When developers start construction, bulldozers and excavators come in to clear trees and end up taking out six to eight inches of soil, which 90 percent of tree roots live in, Fun said. That layer of soil also contains organic material and is replaced with fill dirt once it’s taken out, which ultimately kills the root systems, he said.
“It needs these organic materials in the soil to thrive,” Fun said. “Without it, they suffer drastically.”
Once the trees suffer from the loss of the nutrients in that top layer of soil, they stop producing the hormone that repels pests, he added. Without that hormone, insects attack the weakened trees, which only stresses them out more.
But development is only one part of the problem. Trees that stand along the sides of the roads on Johns Island are the victims of irregular maintenance, Fun said.
The state Department of Transportation's vegetation management guideline says all trees should be limbless for the first 18 feet above the paved road. But Fun said he’s seen branches under 18 feet, and trucks constantly hit them.
He suggested more regular maintenance of the trees along roads to ensure they’re following DOT’s guidelines, and assessment reports that detail the health and condition of the trees.
While many trees near roads and construction sites are under strain, conservation groups have worked to ensure that not all trees on Johns Island are at risk.
Several entities, including the Coastal Conservation League and South Carolina Environmental Law Project, worked together to protect the Angel Oak, which is considered a local landmark and has recently been nationally recognized as a community forest because it was protected from development.
Samantha Siegel, Angel Oak Preserve director at the Lowcountry Land Trust, was also part of the effort to preserve the tree and its surrounding ecosystem. She told The Post and Courier that the groups and Johns Island residents were worried about proposed developments in the area and potential impacts it would have on Angel Oak.
Siegel said they were most concerned about the loss of the surrounding grand trees that would have been cleared for development. Those trees help protect the Angel Oak from harsh wind and sunlight, and are part of the tree’s ecosystem, she said.
She added that the wetlands on site help control the water quality and prevent the Angel Oak from getting too much water, or too little. Just keeping that ecosystem intact is the best they could have done for the Angel Oak, Siegel said.
“If we can prevent any kind of disturbance for these trees, that is the best way to help them survive,” she said.
JOHNS ISLAND, S.C. (WCSC) — The Sea Islands are preparing to celebrate a major milestone in the push to expand affordable housing as leaders get ready to cut the ribbon on a new community for low to moderate income seniors.What began as a groundbreaking in 2024 has now become a reality for dozens of longtime Johns Island residents. Demand for the 72-unit complex was immediate. The building reached full occupancy in just 35 days; many of the new tenants moved from aging apartments directly across the street.The nearly $26 ...
JOHNS ISLAND, S.C. (WCSC) — The Sea Islands are preparing to celebrate a major milestone in the push to expand affordable housing as leaders get ready to cut the ribbon on a new community for low to moderate income seniors.
What began as a groundbreaking in 2024 has now become a reality for dozens of longtime Johns Island residents. Demand for the 72-unit complex was immediate. The building reached full occupancy in just 35 days; many of the new tenants moved from aging apartments directly across the street.
The nearly $26 million project came together through support from over 10 funding partners, including the City of Charleston, the Charleston Housing Authority, Charleston County, the South Carolina State Housing Finance and Development Authority and the South Carolina Community Loan Fund.
Esau Jenkins Village was developed with the Sea Island Comprehensive Healthcare Corporation to provide seniors 62 and older who earn 60% or less of the area median income with safe and centrally located housing. The community includes 61 one-bedroom units and 11 two-bedroom units along with shared spaces such as a community room, fitness center, computer station, walking trail and outdoor gathering areas.
The development honors Esau Jenkins, a Johns Island leader whose work in civil rights, education and economic opportunity shaped generations of families across the Sea Islands.
For developer Ward Mungo, founder of Mungo Companies, the project’s completion represents far more than opening a new building.
“Seeing everybody that was living in the older apartments across the street, the late ‘70s buildings, they were blown away when they saw the opportunity to move into units that are on par if not better than a market rate development. That was the moment where it was like, ‘this is what I get up for every day,’” Mungo said.
He added that the effort behind affordable housing often goes unseen.
“The work has already started and I think one thing a lot of the public doesn’t see is that when shovels go in the ground, it’s like an iceberg. Only a small part is visible above the surface and everything else is below,” he said. “It takes years of planning and coordination for something like this to come together.”
He explained that the people who will benefit most from that work are the same community members that residents interact with every day.
“We’re talking about the folks you see across the Lowcountry from waiters and kitchen staff, all the way to a senior nurse tech or even the principal of a school,” he said. “Those are the populations we’re really aiming to serve.”
Mungo said building affordable housing is also deeply mission driven.
“The challenge is that it is not a get rich quick scheme. It is truly an industry and a sector of what we do that is the hearts and minds component,” Mungo said.
He said that mission is what motivates his team.
“I get to wake up and know that what I’m doing and what we as an organization and most importantly my team who has been working really hard has set out to do, we all have one unified goal when we wake up,” he said. “We know we are setting out in our day to make somebody’s life better.”
He added that rising housing costs show why this work must continue.
“It’s not even the working class anymore. We’re a metropolitan area where market rents are not attainable unless you make 150% of the area median income,” he said. “It’s a celebration of where Charleston has come but also a wakeup call for me as a developer to really tap into what is needed.”
Mungo said the future of affordable housing must look different than in previous generations.
“The goal is to incorporate multiple generations and multiple income levels, with people of different socio-economic backgrounds living together to break the trend of how housing used to be developed,” he said. “In a modern future the buildings are architecturally beautiful, people live together in harmony and when you drive by you don’t know who is living in which building because it all fits into one cohesive master plan.”
He said he hopes the project encourages other parts of the Tri-County to work together to place affordable housing near major job centers and support public transportation that grows with these communities. Mungo Companies is already moving forward with additional developments that support Mayor Cogswell’s goal of creating 3,500 affordable homes in Charleston by 2032.
Although residents moved in earlier this week, the official ribbon cutting for Esau Jenkins Village will take place Thursday as the Sea Islands celebrate a long-awaited community designed to help seniors remain in the place they have long called home.
JOHNS ISLAND, S.C. (WCSC) — Johns Island is one step closer to welcoming one of its largest affordable housing efforts in years, a project designed to give local families a real path to homeownership.Currently, the property is marked with Keep Out signs, but that’s expected to change soon. The site could become the entrance to a new neighborhood with roughly 50 affordable homes, covering about 30 acres of land on Back Pen Road and Jimmy Mitchell Lane.The development is being led by Sea Island Habitat for Humanity. O...
JOHNS ISLAND, S.C. (WCSC) — Johns Island is one step closer to welcoming one of its largest affordable housing efforts in years, a project designed to give local families a real path to homeownership.
Currently, the property is marked with Keep Out signs, but that’s expected to change soon. The site could become the entrance to a new neighborhood with roughly 50 affordable homes, covering about 30 acres of land on Back Pen Road and Jimmy Mitchell Lane.
The development is being led by Sea Island Habitat for Humanity. Once Charleston County gives approval, the nonprofit says construction could begin as early as this summer, with the first nine homes on track to be finished by December 2026.
Building all the homes in one location helps the nonprofit work more efficiently, potentially shortening the wait for families hoping to own their own home. More than 100 families are on the waitlist, far exceeding the number of homes planned, but Habitat for Humanity leaders say they are moving as quickly as possible.
Prospective homeowners won’t pay the full market price. Instead, they’ll pay roughly half of what a typical home costs in this part of Johns Island, and they’ll contribute between 300 and 400 volunteer hours, including hammering, painting, and digging footers, as part of the “sweat equity” program.
“We’ve got 17 approved families right now. We’ve checked their backgrounds, credit, work history. And we’ve probably got around a hundred families on the waitlist.” Executive Director John Rhodes said. “They know it takes time, but they’re willing to wait because once it’s done, the home is theirs — on their own lot.”
The planned homes will include a mix of two and three-bedroom homes, with some one-bedroom homes possible. Rhodes says the homes are stick-built, not modular, and meet hurricane safety standards, with quality finishes inside and out.
Through these hundreds of affordable homes, Sea Island Habitat is not just building houses; they’re creating a community for families who were previously displaced, giving them a chance to build equity, stability, and a future. Volunteers note that families who earn their homes through the program often use that stability to make other life investments, like sending their kids to college.
“Families who have built up equity in their home have been able to use the equity in their home to send their kids to college,” volunteer Christopher Ibsen said.
Sea Island Habitat said if the project is approved, work could start next year, with families by the dozens hammering out a path to homeownership.
For families interested in earning a home through volunteer hours, more information is available here.