Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Ladson, 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.

Probate Lawyer Ladson, 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 Ladson, 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 Ladson, 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 Ladson, SC
Probate Lawyer Ladson, 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 Ladson, 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.

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What Our Clients Say

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 Ladson, 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 Ladson, 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 Ladson, SC

8 foods you need to try at this year's Coastal Carolina Fair in Ladson

LADSON — The Coastal Carolina Fair is back through Nov. 9 with rip-roaring rides, snazzy sideshows and tantalizing treats.We traveled to the Exchange Park Fairgrounds in Ladson to try some of this year's new and classic offerings. Here are eight foods you should be taste-testing this year.Campfire BurgerDeAnna's Diner, $17Always stuck choosing between a hot dog or a hamburger? At the fair you can have both in one bite, as well as some baked beans, when you order the new Campfire Burger from DeAnna...

LADSON — The Coastal Carolina Fair is back through Nov. 9 with rip-roaring rides, snazzy sideshows and tantalizing treats.

We traveled to the Exchange Park Fairgrounds in Ladson to try some of this year's new and classic offerings. Here are eight foods you should be taste-testing this year.

Campfire Burger

DeAnna's Diner, $17

Always stuck choosing between a hot dog or a hamburger? At the fair you can have both in one bite, as well as some baked beans, when you order the new Campfire Burger from DeAnna's Diner.

It's triple the meat flavor, and a favorite so far this year, said Kristin Hagy, who's been traveling around with the family business her whole life from fair to fair. Her mom and dad started it all, and the kids now each have their own trailer.

"We're always trying to innovate," said Hagy, citing the also-popular Donut Burger that's a fun mix of savory and sweet. The Mac and Cheese Burger is her personal favorite, with a chili add-on.

Hagy said she's also gotten to enjoy some Lowcountry cuisine while she's been in town so far, including a meat plate at Lewis Barbecue.

Philly Cheesesteak Grilled Cheese

Girl'd Cheese, $13

Also new this year is the Girl'd Cheese truck, where you can find a variety of fun and classic grilled cheese options. The most popular item tops the list: the Philly Cheesesteak Grilled Cheese. And it's just that, a perfect cross between the two with thick slices of crispy toast, peppers, onions, cheese and thinly sliced steak.

Turkey leg

Cox Barbecue, $21

Though it's on the pricier side, this fair classic is certainly worth it. Smoked for over an hour on the charcoal grill right in front of you, these turkey legs are known for being some of the best at the Coastal Carolina Fair. And there's enough meat on one of them to feed the whole family.

Hot Honey Jalapeno Popper Donut

Fluffy's, $10

If you're feeling a bit adventurous, this one's for you. The perfect blend of spicy and sweet, this donut is a crazy but delicious one. It's made with homemade whipped jalapeno cream cheese, crumbled bacon, grilled pickled jalapenos and hot honey drizzled on top. Get a little bit of each in your bite for the perfect balance, with that sweet, fluffy donut underneath.

If you want a sweet option, as well, you can also choose from the Fruity Pebbles, Maple Bacon, and Peanut Butter and Jelly, among plenty of others.

Cheerwine Dream Float

Moose Joose Slush/Slush Works Bar, $16

You can't hit the fair circuit without staying hydrated, and this stand is the way to do it. Mega-slushes await, and the newest one this year is the Cheerwine Dream Float, a cherry-flavored delight topped with whipped cream and a red velvet cake pop.

It was so popular at Columbia's South Carolina State Fair that they brought it down here, according to 24-year-old vendor Gracey Meyster, who's been traveling full-time from fair to fair since 2017. She said she loves it, though this fair is the last stop of her rotation until February; she gets to hibernate through the winter.

Nashville Hot Fried Pickle Spears

Dr. Vegetable, $14

I mean it's Dr. Vegetable, so it must be healthy right? Maybe not, but this stand certainly has some interesting takes on veggie snacks. New this year are the Nashville Hot Fried Pickle spears, served with a side of ranch if you need to cool it down and an extra tub of hot sauce if you need to spice it up.

Though the spice is a slow burn, hitting you later than you expect, it was certainly enough for me. I even opted for a few ranch dips to offset the bright neon orange layer sprinkled atop the fried spears. I would definitely get these again.

Loaded Popcorn Chicken Sundae

Chester's Gators and Taters, $15

Another bite I would order again in a heartbeat is the Loaded Popcorn Chicken Sundae, a cup stacked with creamy mac and cheese, crispy popcorn chicken, with bacon cheddar and ranch. It's like a wild, creamy and dreamy version of nachos. At this stand, you can also try fried gator bites if you're brave enough.

Deep Fried Cookie Dough

Deep Fried Sweets, $10

The fair is all about fried foods. So you simply must opt for a deep-fried dessert, whether you choose a candy bar like a Snickers or Milky Way or go with the cookie dough or Oreos.

The cookie dough is my favorite, with a crunchy outer shell and gooey middle. You get three bites, all sprinkled with powdered sugar. If you're splitting this one, you'll have to fight over who gets that last one.

The Coastal Carolina Fair returns for its 68th year

LADSON, S.C. (WCSC) - The Coastal Carolina Fair has returned to the Ladson Exchange Park for its 68th year filled with food, entertainment and community.The fair has been operating since 1957 and has been held at the Ladson fairgrounds since 1979. Fair leaders say they are approaching 300,000 people in annual attendance.Jeremy Tate, the chairman of buildings and grounds for the fair, says the planning started for this year while last year’s fair was still going on.With it being a nonprofit fair, Tate says the impac...

LADSON, S.C. (WCSC) - The Coastal Carolina Fair has returned to the Ladson Exchange Park for its 68th year filled with food, entertainment and community.

The fair has been operating since 1957 and has been held at the Ladson fairgrounds since 1979. Fair leaders say they are approaching 300,000 people in annual attendance.

Jeremy Tate, the chairman of buildings and grounds for the fair, says the planning started for this year while last year’s fair was still going on.

With it being a nonprofit fair, Tate says the impact starts with the people who buy the tickets.

“The money that’s raised here, it does go back to the local charities,” Tate says. “This past year, we gave away over $900,000 to 73 local charities and it took 230 of our members, 15,000 hours at the fair to volunteer to raise that money. But it really starts out with a good turnout from our community.”

As part of the entertainment, 63 rides will spread across 180 acres, including a new Mega Drop Tower that will drop riders from 120 ft. high. Another new ride called “Lightning” features a spinning windmill design that lets thrill-seekers fly through the air at about 80 mph.

David Grimm, director of business development and marketing for Reithoffer Shows, Inc., says about 30 of the rides will be for the kids.

“I always recommend that they get what we call a wristband, or an armband, they put that on for one price, you can ride all the rides,” Grimm says.

Although Grimm says the wristband is the best bang for a buck, the “Lightning” ride will require a separate ticket.

For when it’s time to take a break from riding, attendees can snack on all kinds of dishes, like Nashville hot pickles, while washing it down with blueberry lemonade. One of the featured desserts is called the “Pig’s Trough”; it’s from Ye Ole Fashioned and features a six-scoop banana split with six toppings, nuts, whipped cream and a cherry.

The fair’s organizer, Jay Wallace, says around 80 vendors have brought their treats this year.

“Highly professional people,” Wallace says. “They really know what they’re doing. They keep their booths really clean. They know how to come up with new stuff. And those long-term relationships allows us to put on a really great fair to bring this to Charleston with these national flavors.”

Wallace says he thanks the thousands of volunteers who help make the event possible every year, as the fair returned $947,000 to the Tri-County area covering Charleston, Berkeley and Dorchester Counties last year.

The gates open at 3 p.m. Thursday and close at 9 p.m. Attendees can expect longer hours on the weekends.

Click here to visit the fair’s website for ticket information, a list of special events and details about their policies.

The fair runs every day through Nov. 9.

Coastal Carolina Fair opens Thursday with new rides, food options

LADSON, S.C. (WCSC) - The Coastal Carolina Fair will open in two days with 65 rides across 180 acres, including two new attractions that are faster and taller than previous offerings.The fair features a 120-foot drop ride and a ride that spins at 80 miles per hour, said Jay Wallace with the Coastal Carolina Fair.“A 120-foot drop. Now, you’ve seen these things, right? The big giant pole. You kind of inch your way up and then boom. The kids love it. The screams are a lot,” Wallace said. “We’ve got th...

LADSON, S.C. (WCSC) - The Coastal Carolina Fair will open in two days with 65 rides across 180 acres, including two new attractions that are faster and taller than previous offerings.

The fair features a 120-foot drop ride and a ride that spins at 80 miles per hour, said Jay Wallace with the Coastal Carolina Fair.

“A 120-foot drop. Now, you’ve seen these things, right? The big giant pole. You kind of inch your way up and then boom. The kids love it. The screams are a lot,” Wallace said. “We’ve got that and a ride that twirls 80 miles an hour.”

New food items include deep-fried pickles covered in Nashville Hot and a dessert called a Pig Trough.

“Deep-fried pickles, covered in Nashville Hot. That’s a big one,” Wallace said. “Then our very own local Ye Ole Fashioned has got what they call a Pig Trough, which has got a lot of split components. All types of toppings and scoops of ice cream. It’s going to be quite delicious.”

The fair has operated since 1957, being held at the Ladson fairgrounds since 1979. Fair leaders say they are approaching 300,000 people in annual attendance.

Last year, the fair returned $947,000 to the Tri-County area covering Charleston, Berkeley and Dorchester counties, Wallace said.

Admission tickets provide access to fair entertainment, while wristbands are required for rides. The fair includes a rodeo Monday through Wednesday, three stages, a sea lion act, a petting zoo and a creative arts building.

Parking options include pedicabs for a fee and VIP parking at the main gate, which must be purchased in advance through the website. The fair maintains a clear bag policy for security.

Fair organizers do not rent strollers or wheelchairs on the grounds. Visitors are encouraged to bring their own.

Click here to visit the fair’s website for ticket information.

The fair runs through Nov. 9.

A South Carolinian created his own genre of music. It got him to the finale of ‘America’s Got Talent.’

HOPKINS — Whenever he’s home, Steve Ray Ladson takes his banjo out to the barn and plays for his family’s horses. And the miniature donkeys.The Hopkins native takes note of how the animals react to what he’s playing.“If I'm hitting something, I'm playing something and it strikes a nerve on them, they let me know that that’s pretty good,” said the musician who can play 10 instruments.Staying connected to his roots — church, family and trail rides with his cousin, friend and ...

HOPKINS — Whenever he’s home, Steve Ray Ladson takes his banjo out to the barn and plays for his family’s horses. And the miniature donkeys.

The Hopkins native takes note of how the animals react to what he’s playing.

“If I'm hitting something, I'm playing something and it strikes a nerve on them, they let me know that that’s pretty good,” said the musician who can play 10 instruments.

Staying connected to his roots — church, family and trail rides with his cousin, friend and NFL receiver Xavier Legette — is the foundation upon which Ladson has created a new genre of music, “Blackgrass Brothercana.”

The blend of rap, hip-hop, soul, blues, rock and country has captivated the nation and catapulted him to the finale of “America’s Got Talent,” where he competed for $1 million. In the end, he lost out to another singer, Jessica Sanchez.

Ladson wowed audiences — and the panel of celebrity judges — during his audition for the NBC competition show with “Back of My Truck,” an original track that melds hip-hop and roots country to create a tune ripe for radio play.

He stunned the world again last month with a second original track, “Boots like Mine,” which earned him a straight-shot to Sept. 23’s finale show thanks to judge Sofia Vergara’s “Golden Buzzer.”

“You are a superstar,” Vergara told Ladson over thunderous applause during the August episode. “But to be honest, I didn’t like this song … I loved it.

His music has racked up millions of streams over the past few months, launching the professional musician from playing in the bands of established acts to his own performing center stage. It’s a dream more than a decade in the making, but Ladson isn’t resting on his laurels.

“Can't get caught up,” Ladson told Free Times from Los Angeles a few days before the finale. “You got to keep going and keep going. So, just trying to soak it all in, enjoy it … and keep working.”

Even after the show, work will continue. Ladson’s got several tour dates — including a headlining set at Jam Room Music Festival in November — and an album in the works.

Hopkins to Hollywood

Ladson grew up in Hopkins, a small rural town about 30 minutes from Columbia. His father is a pastor, and Ladson’s first performances took place in church. It taught him how to play to a crowd, stage presence tricks and where to set a performance’s tone based on its size and context. He suspects he’s memorized most of the hymnal they sung growing up — Hymn 434 is one of his favorites.

“Church is spiritual, you know, a lot of this stuff is still spiritual too, because it's a connection,” he said. “People need to feel you.”

When he was 22, Ladson booked his first professional gig. For 13 years, he toured with Grammy-winning gospel acts like Robert Randolph and the Family Band and the Blind Boys of Alabama, a Southern blues/gospel group founded in the 1930s.

He’s toured the world with these bands. He remembers turning 23 in Warsaw, Poland. The experience honed his musicianship and helped him plot a course to make his own music, which has always been the goal.

“I paid my dues, put in a lot of work. I learned the ropes from them. I've seen exactly what to do, how to do it, so it made me prepare for my own boat,” Ladson said.

‘Blues was always a feeling’

Ladson draws a lot of inspiration from blues groups from the early 20th century, including bluesmen Sonny Boy Williamson and Robert Johnson. For Ladson, “Blues was always a feeling” he felt in himself.

“I always loved the blues, and just love the way that they could sing and just be a one-man show and move a crowd and have a party, just with one man,” he said.

Ladson leans on the blues but also pulls from hip-hop beats and flow, as well as country twang and lyrics, to create his sound.

On the season finale of “America’s Got Talent,” about 40 family members traveled to California to watch him perform the original song, “Do the Rodeo” — many of whom have never seen him play live outside of a church setting.

While he didn’t take home the win, he made a lot of South Carolinians proud.

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