Probate Lawyer in Mayo, 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 Mayo, 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 Mayo, 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 Mayo, SC
Probate Lawyer Mayo, 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 Mayo, 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.

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 Mayo, 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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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 Mayo, 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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phone-number 843-936-6680

Latest News in Mayo, SC

South Carolina's New Food Trail Has 20 Stops for Mayonnaise

If you find yourself saying, "Extra mayo, please," this one's for you.Slathered on sandwiches everywhere, mayonnaise is one of the most popular and versatile condiments. Although the spread is cherished worldwide, it's possible that no region loves mayo quite like the South. Perhaps it's because the city of Greenville, South Carolina, is the birthplace of Duke's Mayo, ...

If you find yourself saying, "Extra mayo, please," this one's for you.

Slathered on sandwiches everywhere, mayonnaise is one of the most popular and versatile condiments. Although the spread is cherished worldwide, it's possible that no region loves mayo quite like the South. Perhaps it's because the city of Greenville, South Carolina, is the birthplace of Duke's Mayo, the brand that Southerners are so immensely loyal to. For over 100 years, Duke's has become a staple item in chef kitchens and household pantries, so why not celebrate it in a big way? Move over brewery and winery trails … enter the Mayo Trail.

In November, Greenville, South Carolina's Eugenia Duke's Unofficial Mayo Guide to Greenville launched in partnership with 20 local restaurants to feature the condiment in one of their menu's signature dishes. The self-guided trail was created to honor the Queen of Mayo herself, Eugenia Duke, whose original recipe was crafted in Greenville in 1917.

How to Make Mayonnaise

"With food tourism on the rise, travelers crave authentic, unique foodie adventures when visiting new cities. As the birthplace of Duke's Mayo, Greenville is the ultimate spot to rock the Mayo Trail. It's a fun way to showcase the legendary Greenville ingredient and the amazing restaurants that proudly serve it," Rebecca Lupesco, Duke's brand manager of "Mayohem," an unbelievably cool job title, shared in a statement provided to Food & Wine.

Greenville's Mayo Trail has 20 stops along the route for everything from snacks like the Jones Oyster Company's Smoked Carolina Fish Dip and Bobby's BQQ's Tangy Coleslaw to full entrées featuring dishes like The Nose Dive's Crispy Chicken Sandwich and The Scoundrel's Dirty Rotten Scoundrel Burger to The Bohemian Cafe's Jalapeño Pimento Cheese Sandwich (because, pimento cheese, obviously).

Mayo isn't the only thing at the heart of this trail, though – trail trekkers can also stop at the four historical points of interest tied to Eugenia Duke's Mayo stardom. Visit the Camp Sevier historical marker where it all began, the Wyche Pavillion, which was an old carriage factory and served as the mayo bottling plant, the Eugenia Duke Bridge, and the Ottaray Tea Room.

For the complete list and map of participating restaurants, check out the Visit Greenville South Carolina website.

Culinary tour of South Carolina restaurants honors woman who started Duke's Mayo

GREENVILLE, S.C. —Anyone from South Carolina, especially Greenville, knows it, loves it, and never takes a bite of a sandwich without it.We're talking Duke's Mayo, the tangy condiment born in Greenville and now nationally famous.Those in the know take pride in the fact that it was started by one of the earliest female entrepreneurs.What Eugenia Duke whipped up in her kitchen in 1917 has now become a cult favorite for everything on sliced bread.VisitGreemvilleSC...

GREENVILLE, S.C. —

Anyone from South Carolina, especially Greenville, knows it, loves it, and never takes a bite of a sandwich without it.

We're talking Duke's Mayo, the tangy condiment born in Greenville and now nationally famous.

Those in the know take pride in the fact that it was started by one of the earliest female entrepreneurs.

What Eugenia Duke whipped up in her kitchen in 1917 has now become a cult favorite for everything on sliced bread.

VisitGreemvilleSC

VisitGreenvilleSC is now honoring Eugenia Duke’s legacy by launching a new culinary experience — Eugenia Duke’s Unofficial Mayo Guide to Greenville.

It's a self-guided trail of 20 locally favorite restaurants whose chefs use the beloved creamy concoction to take their dishes to new culinary heights, along with four bonus historical stops.

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VisitGreenvilleSC

Some of the 20 featured restaurants include Jones Oyster Co., Lewis Barbecue and Bohemian Café.

Adventurous fans can spend a weekend making it through all the stops on the Mayo Guide or just use it as a reference every time they go out to eat or show visitors the town.

From snacks to entrées, these Greenville restaurants are spreading the Duke’s love.

VistiGreenvilleSC

Click here for the official guide

As the website says, "get set to dive into a flavor-packed journey" featuring this saucy spread, where every bite comes with a side of history and a dollop of personality.

Gamecocks Open 2023 Football Season Saturday in Charlotte

Duke's Mayo ClassicSouth Carolina Gamecocks vs. #20/21 North Carolina Tar HeelsSep 2, 2023 | 7:30 pm Bank of America Stadium - Charlotte, N.C.TV: ABCRADIO: Gamecock Sports Network2023 marks the ...

Duke's Mayo Classic

South Carolina Gamecocks

vs.

#20/21 North Carolina Tar Heels

Sep 2, 2023 | 7:30 pm Bank of America Stadium - Charlotte, N.C.

TV: ABC

RADIO: Gamecock Sports Network

2023 marks the 130th season of intercollegiate football at the University of South Carolina, dating back to 1892. It is the 117th-consecutive year in which South Carolina has competed on the gridiron. The University did not field a team in either 1893 or 1906. Carolina owns an all-time record of 629-606-44, a .509 winning percentage. Since the start of the 21st century, the Gamecocks have posted a 163-124 record, a .568 winning clip.

The Gamecocks have compiled an 86-39-4 record in season openers, a .682 winning percentage, through 129 years of intercollegiate football. The Gamecocks are 20-3 in openers in the 21st century. South Carolina opened the 2011, 2015, 2017 and 2019 seasons in Charlotte, posting a 3-1 record.

South Carolina opens the 2023 campaign just outside the top 25 in both major polls entering the season ranked 27th in both the Associated Press and Coaches’ polls. The Gamecocks finished the 2022 campaign ranked No. 23 after knocking off No. 5 Tennessee and No. 7 Clemson in their final two regular season games. North Carolina, which dropped its final four games of the 2022 season to finish the year unranked, opens the 2023 season ranked 21st in the AP poll and No. 20 in the Coaches’ poll.

BATTLE OF THE CAROLINAS: The two flagship universities of the Carolinas – the South Carolina Gamecocks and the North Carolina Tar Heels – renew its rivalry on Saturday, Sept. 2, in the Duke’s Mayo Classic. This will mark the 60th meeting on the gridiron between these two bordering schools. North Carolina holds a 35-20-4 advantage in the all-time series, including a 3-2 mark when the game has been played at a neutral site. However, South Carolina has won four of the last five contests and seven of the last nine overall.

BEAMER VERSUS THE HEELS: South Carolina head coach Shane Beamer is 1-0 against the Tar Heels, winning by a 38-21 count in the 2021 Duke’s Mayo Bowl in Charlotte. In just two seasons, Coach Beamer has recorded wins over national championship coaches Mack Brown, Jimbo Fisher and Dabo Swinney.

MACK ATTACKS THE GAMECOCKS: North Carolina head coach Mack Brown is 2-4 against the Gamecocks, with the first four games coming during his first stint in Chapel Hill. The Gamecocks defeated the Tar Heels by scores of 31-10, 27-20 and 27-5 from 1988-90, before Brown and the Tar Heels tallied a 21-17 win during the 1991 season. Brown led UNC to a 24-20 win over Will Muschamp’s Gamecocks to kick off the 2019 season in Charlotte, but Shane Beamer and South Carolina got the better of it the last time the two teams met, a 38-21 decision in the 2021 Duke’s Mayo Bowl in Charlotte.

BEEN HERE, DONE THAT: The two Carolinas are opening its season in Charlotte for the third time in the last nine seasons. South Carolina posted a 17-13 win to open the 2015 season, while the Tar Heels gained some revenge with a 24-20 come-from-behind win to open the 2019 campaign. The teams also met at Bank of America Stadium in the 2021 Duke’s Mayo Bowl, a 38-21 Gamecock win.

MAYO BATH: South Carolina dominated the Tar Heels by a 38-21 margin in the Duke’s Mayo Bowl on Dec. 30, 2021, the last time these two schools met on the gridiron. Dakereon Joyner, making his first start at quarterback all season, earned MVP honors after completing all nine of his passes for 160 yards and rushing 10 times for 64 yards. Kevin Harris rushed 31 times for 182 yards and a score. Tight end Jaheim Bell caught five passes for 159 yards, including touchdown catches of 69- and 66-yards on the Gamecocks’ first two possessions. The Gamecocks rolled up a season-high and bowl-record 543 yards in the contest.

CAROLINA ON MY MIND: The Gamecocks have seven players on the current roster who played their high school ball in the state of North Carolina. The list includes Jaylen Nichols (Charlotte), Mohamed Kaba (Clinton), Terrell Dawkins (Concord), D’Andre Martin (Durham), Nick Barrett (Goldsboro), Jaxon Hughes (Greensboro) and Mitch Jeter (Salisbury).

THERE’S A CONNECTION: North Carolina run game coordinator and tight ends coach Freddie Kitchens was on the Shane Beamer’s staff last season as an offensive analyst. Sparky Woods, a Senior Advisor to North Carolina head coach Mack Brown, was the Gamecocks’ head coach from 1989-93.

IT JUST MEANS MORE: The Gamecocks are 40-13 in their last 53 non-conference games, a .755 winning percentage, with seven of the 13 losses in that stretch coming against Clemson. The Gamecocks went 4-1 against non-conference foes in 2022, posting wins over Georgia State, Charlotte, South Carolina State and Clemson and losing to Notre Dame in the TaxSlayer Gator Bowl. The Gamecocks have Furman (Sept. 9), Jacksonville State (Nov. 4) and Clemson (Nov. 25) as their remaining regular-season non-conference games in 2023. All three of those contests will be played at Williams-Brice Stadium in Columbia.

WHEN WILL I SEE YOU AGAIN? The Gamecocks and Tar Heels have a home-and-home series booked for later in the decade, with the Tar Heels coming to Columbia in 2028, then the Gamecocks making the return trip to Chapel Hill in 2029.

7 places to celebrate Cinco de Mayo 2023 around Myrtle Beach, SC

With Cinco de Mayo falling on a Friday in 2023, get ready for a day full of tacos, margaritas and fun in Myrtle Beach.Your only problem finding a Cinco de Mayo celebration in the Myrtle Beach area will be choosing which one, with restaurant specials and parties from Cherry Grove to Broadway at the Beach and from Barefoot Landing to Ocean Boulevard.Cinco de Mayo (meaning May 5 in Spanish) celebrates Mexico’s 1862 victory over France at the Battle of Puebla. Cinco de Mayo is not Mexican Independence Day (that is commemorate...

With Cinco de Mayo falling on a Friday in 2023, get ready for a day full of tacos, margaritas and fun in Myrtle Beach.

Your only problem finding a Cinco de Mayo celebration in the Myrtle Beach area will be choosing which one, with restaurant specials and parties from Cherry Grove to Broadway at the Beach and from Barefoot Landing to Ocean Boulevard.

Cinco de Mayo (meaning May 5 in Spanish) celebrates Mexico’s 1862 victory over France at the Battle of Puebla. Cinco de Mayo is not Mexican Independence Day (that is commemorated in September).

While not as popular in Mexico, people all over the United States take the day as an opportunity to enjoy Mexican food and culture.

Here are some Cinco de Mayo parties in the Myrtle Beach area.

Location: 1002 29th Ave. North, Myrtle Beach

Hours: 6 p.m. to 10 p.m.

Have a meal at the Mexican restaurant before hitting the dance floor at El Cerro by Broadway at the Beach. DJ Lui D will be playing favorite Latin hits.

Location: 4270 River Oaks Dr., Myrtle Beach

Hours: 11:30 a.m. to 11 p.m.

Why wait until night to start your Cinco de Mayo celebration? Sol y Luna Latin Cantina is holding their third annual Cinco de Mayo Fiesta with food and drink specials and entertainment all day at their Carolina Forest-area location.

Location: 806 Sea Mountain Highway, North Myrtle Beach

Hours: noon to late

On the Cherry Grove marsh, Roca Roja Cantina advertises a human piñata for their Cinco de Mayo extravaganza.

Location: 1410 N Ocean Blvd., suite 200

Hours: 11 a.m. to 2 a.m.

$5 margaritas and games will abound at Banditos Cantina, in the heart of downtown Myrtle Beach.

Location: 1410 N Ocean Blvd., Myrtle Beach

Hours: 6 p.m. to 2 a.m.

After checking out Banditos, walk over to their upstairs neighbor, Tin Roof. With two country singers and a DJ on the marquee, visitors can enjoy tacos and margaritas on the oceanfront rooftop bar.

Location: 4732 Highway 17 South, North Myrtle Beach

Hours: live music from 6 p.m. to 9 p.m.

Chill on Taco Mundo’s waterfront patio in Barefoot Landing, with live soul and R&B from Painted Man.

Location: variety of restaurants

Hours: 1 p.m. to 8 p.m., Saturday, May 6

Busy on May 5? Want to keep the party going? Continue the fun on May 6 with the Taco and Tequila Bar Crawl.

A $25 wristband gives you access to a shuttle that will zip you between the five participating bars. Try drink specials and tacos at the Sneaky Beagle, Magoo’s, Wiseguys, Doesn’t Matter and Backyard Sports.

This story was originally published May 2, 2023, 8:00 AM.

The science of sunburns: Why they happen and how to treat them

SHARE:Have you ever stopped to consider what happens when your skin burns or tans?And other than coating yourself in aloe and tossing and turning in bed to find a comfortable sleeping position, what can you do to manage a burn?Let’s dig into the science of sunburns — why they happen and what you can do about them.What exactly is a sunburn?Both sunburns and tans are inflammatory reactions of the skin that result from exposure to too much ultraviolet (UV) radiation. UV radiation...

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Have you ever stopped to consider what happens when your skin burns or tans?

And other than coating yourself in aloe and tossing and turning in bed to find a comfortable sleeping position, what can you do to manage a burn?

Let’s dig into the science of sunburns — why they happen and what you can do about them.

What exactly is a sunburn?

Both sunburns and tans are inflammatory reactions of the skin that result from exposure to too much ultraviolet (UV) radiation. UV radiation can come from the sun or another source, like a tanning bed. How likely you are to burn or tan depends on:

Why is a sunburn or tan bad?

There are many misconceptions when it comes to the sun. A common one is that a tan is a safe and healthy response to the sun. However, both sunburns and tans represent injury to the skin that occurs when the sun’s rays damage the DNA within skin cells. Over time, these DNA changes, also called mutations, build up and increase the risk of skin cancer.

There are three main types of skin cancer: basal cell carcinoma, squamous cell carcinoma and melanoma. The risk of each type of skin cancer increases with exposure to UV radiation. In fact, just one blistering sunburn in childhood or as a young adult more than doubles the risk of developing melanoma in your lifetime.

I got a sunburn. What do I do now?

Sunburn may look pink or red on lighter skin tones. On darker skin tones, a sunburn can look burgundy or be harder to see.

Sunburns often leave the skin tender to the touch, itchy, warm and painful. A sunburn may even cause skin to blister. When the sunburn is severe, a person may become ill with symptoms such as fever, dizziness, nausea, fast breathing and fast heartbeat. If any of these symptoms arise, you should seek medical care.

A sunburn is temporary and there is no way to speed up the healing process. Still, you can help manage the symptoms with a few steps:

Is all sun exposure bad?

Too much sun exposure over a lifetime, especially in the form of repeated sunburns or tans, raises the risk of faster aging and cancer of the skin.

But sunlight also has benefits in moderation, including the natural production of vitamin D, promotion of wound healing and positive effects on mood through the increase of serotonin. Plus, it’s nice to get outside!

You just need to properly protect your skin. Check out this article from Mayo Clinic cosmetic dermatologist Elika Hoss, M.D., for a deep dive into sunscreens and sun protection.

Relevant reading

Mayo Clinic Guide to Holistic Health

Are you tired of playing catch-up with your health, always racing to address problems rather than preventing them in the first place? In a world where high-tech medicine often takes precedence, it's easy to overlook the fundamental factors that contribute to our well-being. Mayo Clinic Guide to Holistic Health takes you…

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