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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Latest News in Mayo, SC

Start spreading the news: the sale of SC-founded Duke's mayo has been finalized

An Upstate-created sandwich classic is now in the cupboard of a New England owner.The sale of Duke's Real Mayonnaise parent Sauer Brands Inc. to a Boston private equity buyout shop has been signed, sealed and delivered, the companies recently announced.Financial terms were not disclosed, but the value of the acquisition by Advent International was pegged at around $1.5 billion, Bloomberg News reported earlier this year.T...

An Upstate-created sandwich classic is now in the cupboard of a New England owner.

The sale of Duke's Real Mayonnaise parent Sauer Brands Inc. to a Boston private equity buyout shop has been signed, sealed and delivered, the companies recently announced.

Financial terms were not disclosed, but the value of the acquisition by Advent International was pegged at around $1.5 billion, Bloomberg News reported earlier this year.

The deal marked the second time since 2019 a private equity buyer has gobbled up Richmond, Va.-based Sauer, a condiment and sauce business that bought Duke's in 1929. The previous owner, Charlotte-based Falfurrias Capital Partners, was co-founded by Bennettsville native and former Bank of America CEO Hugh McColl.

The Southern mayo with the yellow-and-black label touting a "Smooth & Creamy" consistency is among Sauer's best-known grocery-store brands. The spread was created in 1917 by namesake Eugenia Duke, who made sandwiches in her Greenville home to sell to soldiers at a nearby Army camp during World War I.

Sauer also owns packaged-food brands such as Mateo’s Gourmet Salsa and Kernel Season’s, and it operates a production site is in Mauldin.

Advent said Duke’s is the top-growing "scaled player in the mayo category and the seventh-fastest growing brand in the center of store.”

Ship shape

The U.S. military is in the market for a few good ships.

The head of logistics for the Pentagon wants the Navy to purchase 10 used cargo vessels that are still in good shape to support the U.S. Transportation Command that operates out of Joint Base Charleston and other defense installations.

The unit is in charge of quickly dispatching armored vehicles, machinery and supplies in defense of the nation and its allies.

In 2023, for example, Charleston's 841st Transportation Battalion loaded 60 Bradley Fighting Vehicles onto a car carrier at a North Charleston port terminal in support of Ukraine's war with Russia.

Air Force Gen. Randall Reed, who is in charge of the program, said the median age of the command's 46 so-called roll-on/roll-off ships is 47 years, with 14 of them passing the half-century mark. He has expressed concern about the advanced age and declining readiness of the fleet, noting that 30 of the vessels are scheduled for retirement between 2026 and 2034.

"A proactive strategy to recapitalize and modernize this fleet are vital to maintain credible deterrence globally," Reed said during a Senate Armed Services Committee hearing last week.

The 841st is responsible for all Department of Defense cargo on commercial vessels along the Atlantic Coast from Georgia to Maine. It conducts documentation support, port clearance and loading and unloading of cargo moving via water, rail or truck. It has the capability to offload up to 150 trucks and 200 rail cars of cargo per day.

Up in the air

After years of flying in tandem, Charleston Southern University has taken the controls of a local flight school.

The North Charleston private school began its aeronautics program in 2021 in partnership with Chucktown Flight Training of Summerville.

As of March, the college now owns the local aviation operation, doing business as Carolina Sky Flight Training.

CSU's inaugural professional pilot degree is the only four-year collegiate program in the state.

In four years, the program has grown to more than 150 from 19, with a 33 percent enrollment growth for its three degree tracks: pilot, aerospace management and aviation maintenance.

Lloyd Richardson, chair of the CSU's Department of Aeronautics, said the program reflects the growing need for quality education in the aerospace industry.

Please re-lease me

The recent buyout of a Southeast convenience store chain included a real estate twist for five locations in Charleston region.

Nouria Energy sold and leased back the Enmarket gas-and-go sites in Dorchester County under a deal with an affiliate of Dallas-based Trammel Crow, according to public land records filed last week.

The sales identified as "Project Square" brought in about $10.15 million for the seller.

One of the stores — on 11 acres at 2272 U.S. Highway 15 in rural Harleyville — accounted for more than half of the total, at nearly $5.8 million. The others are at 4127 Ladson Road near Summerville and at 5963 Jim Bilton Blvd. and 9607 Charleston Highway, both in St. George. The lease for the Edisto Island outpost at 2410 Highway 174 in Charleston County also changed hands, but the real estate was still owned by Enmarket as of March 14.

The leases with Trammel Crow includes renewal options that could extend the terms for up to 50 years.

Nouria Energy is a family-owned company headquartered outside of Boston. It announced it was buying Savannah-based Enmarket, including 133 stores and 25 car washes in the Carolinas and Georgia, from Colonial Group Inc. last fall.

The transaction was finalized Feb. 25. Financial terms were not disclosed.

The newly acquired chain will continue to operate under the Enmarket name, according to Nouria.

Health scare

A medical episode prompted the crew of an inbound flight to Charleston International this past weekend to declare an emergency to the control tower shortly before landing.

The Delta Connection jet was operated by Endeavor Air.

Flight 5293 left John F. Kennedy International in New York City about 7:30 p.m. on March 9 and was on approach and preparing to touch down at CHS when an unidentified passenger experienced what the carrier described as a "medical situation."

The Bombardier CRJ-900 landed around 9:52 p.m. according to FlightAware. The crew then taxied the jet to the gate, where medical personnel were standing by to assist.

No information was released about the nature of the traveler's health ailment, but airport officials said Monday the passenger was OK.

Teri Errico Griffis, John McDermott, David Wren and Megan Fernandes of The Post and Courier contributed to this report.

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