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 Lockhart, 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 Lockhart, 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 Lockhart, 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 Lockhart, 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 Lockhart, 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 Lockhart, 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.
News that Hope Hospital would close devastated the small community of Lockhart.Hope Hospital, located in the center of the mill community of 617 residents, opened in 1950 to accommodate the medical needs of the employees of Milliken's Lockhart plant.When the mill closed several years ago, the number of patients declined, leaving a loss of revenue for the 10-bed hospital, administrator Mildred Purvis said."We knew it would be closing," said Purvis, who has worked at the hospital for 26 years. "We haven't ha...
News that Hope Hospital would close devastated the small community of Lockhart.
Hope Hospital, located in the center of the mill community of 617 residents, opened in 1950 to accommodate the medical needs of the employees of Milliken's Lockhart plant.
When the mill closed several years ago, the number of patients declined, leaving a loss of revenue for the 10-bed hospital, administrator Mildred Purvis said.
"We knew it would be closing," said Purvis, who has worked at the hospital for 26 years. "We haven't had many patients since Thanksgiving, and only one since March 6."
When that patient was discharged on April 16, the state's smallest hospital closed its doors for the last time.
"We have a lot of older people in Lockhart, many who are on Medicare or Medicaid," Purvis said. "And the hospital didn't accept either one, so our patient population had really gone down."
Now, to the dismay of many Lockhart residents, they must travel 15 or 20 miles to the nearest hospital in case of an emergency.
Hope Hospital is located practically in Beverly Schrader's back yard.
"It was so close and convenient," Schrader said. "If you ever needed help in a hurry, they were there. Now, I have to call an ambulance or make the drive."
Purvis said the hospital's board of trustees had no choice but to close the hospital because of declining revenue.
Hope Hospital staffed one full-time doctor, Dr. Robert Wentz, who still has his medical offices inside the building. Four full-time nurses and two part-time nurses were employed by the facility.
Some of those nurses retired, while others have accepted jobs elsewhere.
A pharmacy technician employed by Hope Hospital has decided to open his own pharmacy in Union.
Purvis will stay at the hospital for three months to get records in order.
"(The news) was devastating to us," Lockhart Mayor Ailene Ashe said. "It's a terrible thing to see go because it's so much a part of our lives."
The property and building will revert back to Milliken Corp., which helped open the hospital. No decision has been made on what will happen to the building, Ashe said.
Lynne Powell can be reached at 487-7146 or [email protected].
EDUCATIONLockhart’s lone remaining school graduated its last class of eighth-grade students this week.The Tuesday night ceremony was held ahead of Lockhart School’s last official day of classes for students on Thursday. Union County schools trustees made the call to shutter the school earlier this year.The move means students and teachers will be assigned to other schools within the county when classes resume in the fall.It's a conclusion to a proud chapter in the tiny mill village's history.&ld...
EDUCATION
Lockhart’s lone remaining school graduated its last class of eighth-grade students this week.
The Tuesday night ceremony was held ahead of Lockhart School’s last official day of classes for students on Thursday. Union County schools trustees made the call to shutter the school earlier this year.
The move means students and teachers will be assigned to other schools within the county when classes resume in the fall.
It's a conclusion to a proud chapter in the tiny mill village's history.
“I cannot express how heartbroken I am to see the school go,” Lockhart Mayor Ailene Ashe said. “What we have left is not a whole lot, and most of the buildings are gone. We’ve always wanted to be able to say, ‘You need to come to Lockhart,’ and the school was always an important part of that.”
Ashe has served as the village’s mayor for much of the past two decades, but long before that she was just a girl in love with Lockhart.
She remembers when the school was first built in the mid-1950s after the previous school, which was constructed in the years just after World War I, burned down.
That fire forced the children of Lockhart to take classes for more than a year in an armory up the road, so when the new school opened, Ashe said it was a welcome sight.
Those were thriving years for the community, when textile mills still provided a good living for people in Union County, Ashe said. When those mills closed, much of the work dried up, and Ashe said the community has been on a downward trajectory since.
Citing economic concerns, Union County school trustees authorized Superintendent Bill Roach in February to explore reassigning the school’s 30-plus faculty and staff members to other positions in the district. The call was made in subsequent weeks to close the school, which has served kindergarten through eighth grade students for decades.
Roach declined to be interviewed for this article. Mike Massey, a member of the Union County Schools board of trustees, said he’s sad to see Lockhart lose its school. He voted against the measure in March to close the facility, though he said he understands the reasoning for the decision.
“The school has really been a rally point for this community for a lot of years,” Massey said. “I understand what it means to the town and to its people. I also realize the trustees have to take everything else into consideration, and I don’t have any hard feelings.”
Massey is closer to the situation than most. He attended Lockhart School in his elementary and middle school years, and he graduated from the town’s former high school before beginning his own career in education. He spent his last two years at Lockhart before retiring three years ago.
“They were probably two of my greatest years,” Massey said. “So I guess you could say I started my career and finished it there. Obviously, this affected a lot of people that I know personally.”
Now, Massey said the district must turn its attention to the school’s parents and students, and to its former employees, who will find new homes in the county’s other schools when the academic year resumes this fall.
“How do we get that taken care of with the least amount of fuss and make that as smooth as we can?” Massey asked.
Massey said he believe the students, and especially the parents, will be tremendous assets to the district’s other schools.
“Almost to a parent it’s always been, ‘I’m here for my child, tell me what I need to do,'” Massey said. “It’s a great group of engaged people. They really care about what’s going on, and to a certain extent I think the school’s size helped foster that. It’s my belief they’ll continue that on when they switch schools.”
Ashe said her attention will turn to finding a way to preserve the school property, which she said the school district has been willing to turn over to town leaders. She said upkeep costs could make that prohibitively expensive.
“We’re going to do everything we can to keep this a part of this community,” Ashe said.
She said former Lockhart School students and staff will gather at the school for a reunion from 11 a.m. to 1 p.m. on June 23.
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The anger in Jonesville and Lockhart over the loss of their high schools has faded with time, but the sense of loss still lingers.“Friday night football was the main event up there,” Lockhart business owner Bernice Canupp said.Games were major social gatherings, with residents in both towns coming out to cheer on the Wildcats and Red Devils. School events were supported by the whole community.But that ended 10 years ago, when the high schools in Jonesville and Lockhart were combined with Union High School to ...
The anger in Jonesville and Lockhart over the loss of their high schools has faded with time, but the sense of loss still lingers.
“Friday night football was the main event up there,” Lockhart business owner Bernice Canupp said.
Games were major social gatherings, with residents in both towns coming out to cheer on the Wildcats and Red Devils. School events were supported by the whole community.
But that ended 10 years ago, when the high schools in Jonesville and Lockhart were combined with Union High School to form Union County High.
The decision to consolidate was a divisive one. Many residents of the two communities argued the move would hurt their towns and rob them of a piece of their identity.
The two high schools were estimated to need somewhere in the range of $13 million in repairs. Consolidating the three high schools would save about $1 million annually, the Union County School District estimated.
In the end, economics prevailed, and most residents came to accept the change. But many still miss the institutions that helped bring everyone together.
'A tough decision'
The vote came in March 2007.
“It goes without saying that there was a feeling of loss in the Jonesville community as well as the Lockhart community. Those schools were an important part of the fabric of Union County,” said David Eubanks, who served as Union County's interim superintendent about a month after the vote. “It was a tough decision and it was an emotional decision.”
Consolidation came down to money, he said. Renovating the two high schools would have been costly, and enrollment was declining at all three of the county’s high schools.
“The school board did make that decision, in my opinion, just months before they probably would have had to make it because of the economic downturn,” Eubanks said.
After the 2006-07 school year, 364 Jonesville High students and 117 Lockhart High students became part of the consolidated Union County High School, according to S.C. Department of Education records.
Elementary and middle school students continue to use the Lockhart High building. Even before consolidation, all grade levels shared one facility, but because the lower grades don't require as much technology and lab space as the high school would have needed, the district has been able to focus funds on maintenance.
Jonesville High now houses the town's municipal complex, but still bears banners and logos with the school's old colors and Wildcat mascot.
Current Union County Superintendent Bill Roach said while the decision has come to be accepted by many, it remains an "open wound" for some residents.
“What happened then was, you’re shutting a page of history for a lot of those folks,” he said.
Small town voices
Bernice Canupp owns Lockhart Café, one of only a handful of businesses operating in the town limits.
“I hated it,” Canupp said of the consolidation effort.
Lockhart Café is surrounded by old mill houses that have outlived the mill that was once the heart of the community.
In 1994, Milliken & Co., the town’s major employer, pulled out. Since then, new development has come slowly.
Recently, a Dollar General — referred to by some as “mini Walmart” — was built on the outskirts of town. Rounding out the local businesses are Bailey’s Café, another small restaurant, and two gas stations.
A grocery store, pharmacy or doctor’s office are at least a 20-minute drive away in either Union or Chester County.
In front of the old mill pond, a painted red wall reads, “Welcome to the Beautiful Town of Lockhart.”
“Now, there’s really nothing here,” said Lockhart resident Ronnie Swanger as he passed a recent afternoon fishing at the pond. “It’s just a little forgotten mill village now.”
Swanger, a 1965 Lockhart High graduate, has lived in the town all his life.
“We had our own school, our own teachers," he said. "When I graduated, we only had about 17 seniors."
A 15-minute drive down Highway 9 from Lockhart is Jonesville, a larger and less centralized town.
Jonesville has more residents and businesses than Lockhart, but shared its feelings about consolidation.
Kolby Gage, a lifelong Jonesville resident, was in the school’s final graduating class in 2007. He said he didn’t think much about consolidation at the time. A decade later, he said he’s proud to have been part of history.
“There’s never another class coming from that building,” he said. “It’s part of the culture, even still today.”
Losing an identity
A lingering sore spot for Jonesville and Lockhart residents is how the consolidation plan was executed.
When the high schools were combined, school trustees decided to keep Union High's Yellow Jackets mascot at Union County High. That upset residents who had supported a plan proposed by a group of students, teachers and community members that would have created a new mascot, the Wolfpack, and new school colors to go with the new name.
But school trustees said redoing the signs at the school and elsewhere in the county would cost too much.
“I was disappointed in the way they did that,” lifelong Lockhart resident Gerald Gregory said.
Gage agreed.
“If they were going to combine the schools, they should’ve had a new mascot,” he said. “They shut down Jonesville, they shut down Lockhart, and just made Union bigger.”
Coming together
Some efforts were made to honor the connection the two last high school classes in the Jonesville and Lockhart buildings felt to their old schools.
The Jonesville and Lockhart high classes of 2008 and 2009 were allowed to be academically ranked with both Union County High students and with the Jonesville and Lockhart high groups, respectively. For two years, three high school valedictorians were recognized in Union County.
Students also could choose a transcript bearing the name of Union County, Jonesville or Lockhart high school.
“When it was all said and done, people wanted it to work,” Eubanks said. “And, over time, those people are the reason it worked.”
Eubanks understands why residents were upset. He said he told district staff to be ready to listen to people's concerns.
“We had to have empathy for those folks who had a sense of loss. A sense of healing had to be there,” he said. “The administration, the school board, everyone had to be a good listener. You weren’t going to talk anyone into understanding or accepting the schools were closed.”
A Cowpens High School graduate, Eubanks is no stranger to consolidation. He became principal of Broome High School one year after Spartanburg School District 3 merged Cowpens and Pacolet high schools.
Community members more readily accepted that consolidation because the new school was a fresh start with a new name and mascot, Eubanks said.
“I didn’t disagree with them. I tried to approach it like, ‘I know exactly what you’re talking about. I know those schools are a big part of your community,’” he said. “I think the greatest concern I heard was, ‘We will lose our identity.’ I said, ‘Try to help develop a new identity with that Union County High School.’ I feel there has been an attempt to do that, and just by virtue of the fact I didn’t hear anyone say the consolidation was a problem the last time I was down there, I think a lot of people did that.”
Acceptance
Even though the high school is gone, Gregory said he remains proud of Lockhart schools.
“We all still love and support that school and try to go to about everything they have,” Gregory said.
Students from Lockhart have benefited from going to Union County High, and have more opportunities there now than they would have had at the old school, Swanger said.
“I really didn’t like it to start with, but I really think it’s a good thing now,” he said.
There was also no way the district could've sustained three high schools in the long run, given the declining enrollment, aging facilities and small tax base, Eubanks said.
Roach said in the decade since consolidation, the district has worked hard for its students and its residents. The district has increased the programs offered at Union County High to accommodate students from across the county.
Gregory said while he thinks the process should’ve been handled differently, the bitterness many once felt has long since disappeared.
“You’ve got some with grudges from the start, but it has been good for the kids,” he said.
Eubanks said that sentiment is what has ultimately prevailed.
“There are a lot of people who still have a lot of value for those two schools in their soul, and that’s not going away,” Eubanks said. “I think everyone has come to accept, to a great degree, that it was in the best interest of the students in Union County so they could be better provided for academically.”