Probate Lawyer in Kiawah Island, SC

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:

What Happens with My Loved One's Estate?
What Happens During the Estate Administration Process?
How Long Will It Take?
Do I Receive Compensation for My Time?
What State is Probate Taking Place?

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 Kiawah Island, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.

Service Areas

What is a Probate Attorney in Kiawah Island, SC?

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.

Walk You Through the Aspects of Your Probate Case
Prepare and File All Necessary Paperwork by the Mandated Deadlines
Help You Stay Abreast of Requirements and Responsibilities
Identify Estate Assets
Help Pay Debts and Bills
Transfer Assets to the Appropriate Parties
Assist with Estate Disputes
Resolve Income Tax Issues
Advise You of Your Rights
Remain Prepared and Organized to Help Reduce Your Stress

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.

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 Kiawah 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:

Estate Administration

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.

Estate Disputes and Litigation Cases

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.

Trust Administration

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.

Trust Disputes and Litigation Cases

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.

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 Kiawah 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.

Steps to the Probate Process 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.

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

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

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 Kiawah 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.

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:

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.

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 Kiawah 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.

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:

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 Kiawah 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.

The Secret Tropical Beach In South Carolina Where The Water Is A Mesmerizing Blue

The beaches along the 187 miles of South Carolina coastline all offer up individual characteristics to love. Whether you're seeking a campground on the beach, a fun ...

The beaches along the 187 miles of South Carolina coastline all offer up individual characteristics to love. Whether you're seeking a campground on the beach, a fun pier to enjoy some fishing, or in this case, a tropical beach with the clearest water in South Carolina, you're going to find it here in the Palmetto State.

One of our favorite blue-water beaches is little known simply because it's located on an island that is considered to be exclusive.

In fact, most South Carolinians don't realize that Kiawah Island even has a public beach!

Or that the beach is as wide as it is and filled with soft, white sand.

Kiawah Island has some of the whitest sand on the entire South Carolina coast. It also has some of the bluest waters too. The location of Kiawah's Beachwalker Park is on the South end of the island, where the coastline is recessed a bit allowing for those murkish waters to the north to sweep right on by — slightly off the coast.

As a result, the sand stays a more pristine white and the waters are less filled with sediment churned up from underneath the surface.

Perhaps part of the misconception of South Carolina's lost blue water beach stems from a belief that you have to be a guest on Kiawah Island to access all of the beaches. But nothing could be further from the truth. There are no gates in which to pass through to get onto Kiawah Island, so no pass is required.

And the only requirement to use the public beach at Beachwalker County Park is to get there before the parking lot fills up, and pay the daily parking fee.

Parking fees vary by day and by season, but currently range from $5-$20 per vehicle, per day. You'll find more info in the hours and fees section of the Kiawah Beachwalker Park webpage.

The park is located on a narrow strip of Kiawah island and has both beach and backwater access.

The back side is an ideal spot for picnicking and for launching a kayak. You'll be pleasantly surprised to learn the tidal waters in the Kiawah River on the backside of the park are also a dreamy blue!

So how about it? Now that you know about this 'lost' and little-known Charleston County Park and the extra blue water will you be able to fit it into your plans before the end of the season?

Kiawah Beachwalker Park is open year-round. However, beach rentals and lifeguards may be seasonal. The hours vary by season and are January - April 10:00 a.m. - Sunset; May - Labor Day 9:00 a.m. - 8:00 p.m.; September - December 10:00 a.m. - Sunset. Restrooms and changing facilities are provided. There is no entry fee for the park, however, a daily parking fee is charged, and once the lot is completely filled you may be ticketed or towed if you park outside the authorized parking spots. Learn more on the official page for Kiawah Beachwalker Park on the Charleston County Parks website.

Need more reasons to make the trek all the way out to Kiawah? This public beach was ranked one of the ten best beaches in the country, which would naturally make it the best beach in South Carolina!

Kiawah Island developer files suit against town, homeowners following opposition

KIAWAH ISLAND, S.C. (WCSC) - Opposition to proposed development and development already in the works on Kiawah Island has prompted the developer, Kiawah Resort Associates, to file not one, but two lawsuits.One lawsuit is solely against the Town of Kiawah Island, but the second lawsuit is against the town, property owners and the Homeowners Association.The first suit involves a condominium complex development already being built, The Cape.It claims that following the town’s approval of the site plans and parking req...

One lawsuit is solely against the Town of Kiawah Island, but the second lawsuit is against the town, property owners and the Homeowners Association.

The first suit involves a condominium complex development already being built, The Cape.

It claims that following the town’s approval of the site plans and parking requirements back in 2020, in January of this year, the town changed its position to require all parking in a different location from what was originally decided. The developers say that’s impossible at this point in the process.

The second suit concerns two proposed developments along Beachwalker Drive, that residents have expressed concerns about to the town. Residents believe the projects violate the provisions of the island-wide general covenants.

“Even someone back in high school probably read the Bill of Rights and knows that part of the first amendment is the inherent right to petition the government for redress of grievances,” PreserveKiawah Chair Larry Rutkowski said.

The lawsuit seeks a ruling from a judge saying the opposite and seeks damages for “the intentional actions of these Homeowners Associations for attempting to keep these projects from proceeding.”

Rutkowski said this action from the developer completely rubs him the wrong way.

“Effectively they are seeking a declaratory judgment that what they did is okay, and they should be allowed to proceed, but most people on the island think that hasn’t been the case, there is clearly inadequate parking,” Rutkowski said. “This trampling of citizen rights because they had the nerve to actually point out what they perceived to be a failing in the development plans is just intolerable to me and a strange way to build a relationship with your neighbors.”

Kiawah Resort Associates said in a statement, We have attempted to work with the town and the associations on many occasions to resolve this situation and have offered a myriad of practical solutions to address this. Kiawah Resort Associates regrets having to take legal action but at this stage, we were forced to do so. We are being deprived of our valuable property rights, largely due to politics and a desire by some to prevent us from proceeding with our development entitlements. Because the town and associations refuse to change their positions, we seek the decisions of an independent, unbiased court as to whether we have been treated fairly in accordance with the law or not.

When asked about the lawsuits, Kiawah Island Mayor Bradley Belt provided the following statement:

I don’t have any comment regarding the pending litigation, other than to note that the town continues to pursue the appropriate process to mediate this issue with the applicant.

For more background on this story, click here.

The Difference Between Kiawah Island And Kiawah River

Given that they share a name and are positioned within just a few miles of each other, it’s little wonder why people may confuse the beach resort of Kiawah Island with Kiawah River, the waterfront Johns Island neighborhood in which our 2024 Southern Living Idea House is located. While each community has its singular charms, there’s no denying that you’re in for beautiful scenery and a little R&R, whichever your destination. Read on for the difference between Kiawah Island and Kiawah River.

What Is Kiawah Island?

Named for the Kiawah Indians who first called the barrier island home, Kiawah Island has been a celebrated destination for sun-and-sand seekers since the resort first opened in the 1970s. Today, Kiawah Island Golf Resort touts five public world-class golf courses; a luxury hotel, The Sanctuary; 10 miles of pristine beaches that unfurl along the Atlantic; and a wildlife population that includes sea turtles, bobcats, shorebirds, and deer, among others. Thirty miles of paved bike paths meander across the island, winding through maritime forest and past lagoons that reinforce this area’s wild sense of wonder.

While much of the island (and many of its amenities) are accessible only to those staying at The Sanctuary or in one of the resort’s rental properties, there is one public beach access on the west end; Beachwalker Park features wide, unspoiled sandy shoreline along the Atlantic, as well as views of the Kiawah River.

The Best Islands In South Carolina, According To Our Readers

What Is Kiawah River?

Just a few miles down the road from Kiawah Island is the newly developed Kiawah River community on Johns Island. Comprising 20 miles of shoreline and 2,000 acres, this neighborhood has been planned with the area’s natural riches (like maritime forest and salt marsh) and long-standing agricultural history in mind. “It’s a beautiful, pretty much one-of-a-kind place,” says Jeff Snyder, the neighborhood’s Chief Environmental Officer. “There are maybe only two or three places like this left.” From some 500 acres of saltwater brackish ponds to the working farm (which is home to produce, wildflowers, goats, cattle, and bees), much of the property is designated to remain green space. It’s a commitment celebrated by the residents who have chosen to make the place home, many of whom participate in Kiawah River’s environment- and sustainability-focused efforts, which range from bluebird population tracking to composting.

Beyond the homes built there, including our own 2024 Idea House, Kiawah River is also welcoming those who want to experience the lifestyle without a residential commitment. A boutique resort designed by Amanda Lindroth, The Dunlin, is set to open in September; and Rosebank Farms Market is open daily, peddling fresh produce from folks who have farmed this land for decades, as well as a selection of locally made goods.

A Modernist-Style Kiawah Island Home in Photos

Located on South Carolina’s coveted Kiawah Island, this three-bedroom, marsh-facing modern home incorporates nature at every turn. Modified on July 19, 2024 , Published on July 18, 2024...

Located on South Carolina’s coveted Kiawah Island, this three-bedroom, marsh-facing modern home incorporates nature at every turn.

Modified on July 19, 2024 , Published on July 18, 2024

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You’ll Find One Of The Top Ten Beaches In The US at Kiawah Beachwalker Park

Have you heard of the Kiawah Beachwalker Park? This park is one of the nation’s top ten-rated beaches, and it’s just a few hours away from Charleston, SC. Find out why the Kidding Around team enjoys this beach so that you can plan out the perfect beach trip.If you are planning on taking a trip to the coast soon, we have a huge Guide to Charleston, SC with tips for things to do, places to stay, and adve...

If you are planning on taking a trip to the coast soon, we have a huge Guide to Charleston, SC with tips for things to do, places to stay, and adventures to enjoy!

Kiawah Beachwalker Park: Making the Top Beach List

A lot goes into deciding what beaches get bestowed with being named to one of Stephen Leatherman’s beach lists. Stephen, AKA Dr. Beach isn’t just some permanent beach bum. He is a doctor of coastal science and knows what makes a great beach.

Kiawah Beachwalker Park is #5 on the Dr. Beach Top Ten List in 2024

One of the first years he created the list the beach local to me in Florida was named number one in the entire country! Siesta Beach is Sarasota county has made the top lists of beaches in the world, too. I was intrigued to see a South Carolina beach on the list. Siesta Beach has sand that looks like talcum powder, and usually, the Gulf of Mexico is a beautiful shade of turquoise. Would this beach in South Carolina be similar?

Planning a Trip To Kiawah Island

At a little under four hours from the Upstate, I don’t think Kiawah Island is suitable for a day trip. Grabbing a hotel for the night is the best way for you to enjoy a day at this exceptional beach.

The Andell Inn on Kiawah Island is a Marriott boutique hotel. The hotel has all the amenities you’d expect from a Marriott property, plus they provide a free shuttle to Kiawah Beachwalker Park.

The island isn’t very commercialized, so you’ll need to grab any picnic provisions or beach snacks before you leave the Charleston area. They do have a picnic area with grills, but they are first come first serve, so keep that in mind when packing your lunch. There is a convenience store a few blocks away from the beach to grab ice and anything you may have forgotten.

Make sure you stop at Five Below or another discount retailer and grab the kids some boogie boards! I had the idea to grab them and didn’t realize that they were the cool thing to have at the beach. Every kid there had one, and at just $5, it was the best decision ever.

Spending The Day at Kiawah Beachwalker Park

If you don’t already own a beach-style wagon or a rolling cooler, I suggest you look into getting them. The walk from the parking lot to the shore includes a trek down a long boardwalk. I have never regretted leaving my rolling cooler at home more than on that boardwalk.

Once you arrive at the park, you will need to pay for parking. During the summer months, an attendant is on duty to take payments. On weekdays in the summer, the cost is $15 and weekends it is $20. The parking fee is slightly less after Labor Day and before Memorial Day. Should the park be at capacity, you can leave your name and number, head to the open-air market Freshfields Village and they will notify you when you can head back.

Even when the parking lot is at capacity, there is plenty of space on the beach. You can rent a beach chair and umbrellas at the beach or bring your own. One of the wonderful things about Kiawah Beachwalker Park is that, unlike other South Carolina beaches, there are no restrictions here on tents and sunshades. You can set up camp for the day and have your family protected from the sun while they enjoy the beach!

There must be a pod of Bottlenose dolphins that love this beach just as much as the humans. They are a famous sight in the water there, just take note that getting too close or harassing them is illegal.

After A Long Day At Kiawah Beachwalker Park

Once it’s time to head home, you can clean up all the gear and the kids at the top end of the boardwalk. There are changing rooms and showers available. I’m going to warn you after a long day in the sun; the fresh cold water feels SO GOOD coming out of that shower. My kids just stood there staring at me, while I enjoyed it for way too long.

Before I had left, I was already planning a return trip. Due to the calmer, family-friendly nature of this beach and the non-commercialization of the island, the beach here is quite enjoyable.

Have you been to Kiawah Beachwalker Park? What did you think?

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