Probate Lawyer in Monarch Mill, 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 Monarch Mill, 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 Monarch Mill, 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 Monarch Mill, SC
Probate Lawyer Monarch Mill, 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 Monarch Mill, 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 Monarch Mill, 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 Monarch Mill, 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 Monarch Mill, SC

Monarch Finances South Carolina Affordable Housing

ESG investment firm Monarch Private Capital has closed on $23 million in low-income housing tax credit equity for the development of Bridge Creek Pointe, a three-building, 90-unit garden-style affordable housing community located at 1 Oak Forest Road in Spartanburg, S.C. Monarch is partnering with Prestwick Development for the project’s planning. The community is expected to open in April 2024.Bridge Creek Pointe’s full build-outAfter its construction finishes, Bridge Creek Pointe...

ESG investment firm Monarch Private Capital has closed on $23 million in low-income housing tax credit equity for the development of Bridge Creek Pointe, a three-building, 90-unit garden-style affordable housing community located at 1 Oak Forest Road in Spartanburg, S.C. Monarch is partnering with Prestwick Development for the project’s planning. The community is expected to open in April 2024.

Bridge Creek Pointe’s full build-out

After its construction finishes, Bridge Creek Pointe will offer one-, two- and three-bedroom living arrangements for renters earing 60 percent or below the area median income. Units will feature full kitchens, as well as in-house washers and dryers. Community amenities include a common room, fitness center and business center, with the buildings connected through landscaped courtyards. The development is expected to substantially contribute to the city’s economy by creating 145 jobs and generating more than $10.5 million in revenue in its first year, according to data from the National Association of Home Builders.

The community will be located within 5 miles of central Spartanburg. Situated along interstates 85 and 26, Bridge Creek Pointe has quick access to much of Spartanburg County, which hosts seven universities, as well as industrial and manufacturing facilities from high-profile companies including BMW Manufacturing, Michelin and Adidas.

Monarch’s Palmetto State affordable projects

Bridge Creek Pointe marks Monarch’s latest investment in affordable housing communities around South Carolina. At present, the Palmetto State is experiencing an 85,571-unit shortage of homes, according to data from the National Low Income Housing Coalition. Such a shortage has been exacerbated by a backlog in the state’s pipeline due to low supply and labor costs.

Monarch’s capitalization of Bridge Creek Pointe is the firm’s latest in a series of investments around the state. In August 2022, the firm negotiated the $40 million funding of Gateway at Cross Creek, a 168-unit community in the town of Central. In April of that year, the company provided further low-income housing tax credits for construction of The Villages at Congaree Pointe, a 240-unit community in Columbia.

Four subdivisions approved, one denied: Greenville County Planning Commission notes

Here is a recap of the Greenville County Planning Commission meeting on April 24:Approved: Hunts Bridge TrailsHunts Bridge Trails is a proposed subdivision located near Berea along Hunts Bridge Road. The subdivision’s total area would include 28.8 acres with 89 total lots yielding a density of roughly three dwellings per acre.The application also came with a secondary application for a variance from ...

Here is a recap of the Greenville County Planning Commission meeting on April 24:

Approved: Hunts Bridge Trails

Hunts Bridge Trails is a proposed subdivision located near Berea along Hunts Bridge Road. The subdivision’s total area would include 28.8 acres with 89 total lots yielding a density of roughly three dwellings per acre.

The application also came with a secondary application for a variance from the Greenville County Land Development Regulations section 8.8.1A which requires a subdivision with over 30 lots to create a secondary entrance for residents.

Justification for the variance comes from a conflict in SCDOT’s driveway requirements.

No one spoke against this application. Those in favor said that they hoped the development would be a positive addition to the community.

The commission approved both the subdivision application and its variance unanimously.

Approved: The Enclave at Cambric Village

The Enclave at Cambric Village is a proposed development near Pelham Road along Old Boiling Springs Road and Meilland Drive.

The development’s area totals 5.24 acres and will be divided into 13 lots for a total density of roughly 2.48 units per acre.

No one spoke against the application. Michael Cain, a representative of site developer Toll Brothers, and Austin Allen of engineer Arbor Land Design, stood in favor of the application or to answer questions from the commission.

The commission did not raise questions and approved the application unanimously.

Part of the same Cambric Village development are The Townes. The Townes will be located on the other side of the street of Old Boiling Springs Road closer to Buena Vista Way.

This development will be smaller in acreage than its sibling development for a total area of 4.59 acres. However, its density will be considerably larger as townhomes. In contrast, the Enclaves are single-family homes.

This development is planned for a total of 60 lots yielding a density of roughly 13 dwellings per acre. No one spoke against the development and its representatives returned to answer any questions. None were raised and the commission approved the development unanimously.

Monarch Meadows is a subdivision which would be split into three sections along Reedy Fork and Garrison Roads near Woodmont High School east of Piedmont.

The subdivision’s area will total 39.14 acres and plans for 39 lots, giving way to a density of roughly one home per acre.

The application came with a variance request for an internal access easement resulting from the subdivision’s topography.

No one spoke against the application. A representative of the subdivision and its engineer, Paul Talbert, answered questions. The commission asked for clarification on the variance application and the developers stated that the variance was due to the site’s proximity to a nearby creek which would render an internal access road infeasible.

In noticing the lack of opposition and the variance’s no-fault position, the commission approved both the subdivision application and the variance unanimously.

The Homestead at Griffin Mill is a proposed subdivision located along Griffin Mill and Fork Shoals Roads, near Interstate 185 south of Conestee.

The cluster subdivision would see a density of roughly 2.85 units per acre, with a proposed 82 lots on a total of 28.88 acres.

No one spoke in opposition of this application. The site’s engineer, Paul Talbert, answered questions. Commissioner Steven Bichel expressed discontent with the cluster design and density.

The commission denied the application in a 4-3 vote.

This application was brought before the commission for a variance from the front-building setback requirement set out in LDR Article 8.7 Table 8.1, which requires a 20-foot setback from the property line.

The homeowner stated in the application that a carport was built on the property that ended up being too close to the road to meet the requirement.

No one spoke in favor or against this variance although Commissioner John Bailey commented that approval would not set a good precedent. Despite that objection, the variance was approved by a 5-2 vote.

Monarch Butterfly Migration in North Carolina 2024

Best time to travel to North CarolinaThe most recognizable Monarch butterflies fly on the treetop level along the state's best mountain ridges twice a yearBest time: May–July | mid September–early OctoberEach year, monarch butterflies travel more than 2,000 mi (3,218 km) one-way in search of a better climate. In the fall, they change their location from colder Canada and the US to sunny...

Best time to travel to North Carolina

The most recognizable Monarch butterflies fly on the treetop level along the state's best mountain ridges twice a year

Best time: May–July | mid September–early October

Each year, monarch butterflies travel more than 2,000 mi (3,218 km) one-way in search of a better climate. In the fall, they change their location from colder Canada and the US to sunny Mexico. And in the spring, they return to the north. In both cases, Asheville and the surrounding area are known as a usual stop of their journey. Around 300 million of them stay in North Carolina for a few weeks to enjoy their favorite milkweed and other nectar plants.

There are many North Carolina locations where you can watch butterflies, but the best of them are hidden in the Blue Ridge Parkway and the Great Smoky Mountains. Hike to the Orchard at Altapass, Pounding Mill Overlook, Cherry Cove Overlook, Mount Pisgah, or Black Balsam. At these places, you are guaranteed to see butterflies in their comfortable humid environment.

Butterflies occur in the state twice a year: from May to July when they return from wintering and from mid-September to early October when they fly south.

Practical info

When can you observe the Monarch butterfly migration in North Carolina and how many butterflies pass through?

Monarch butterfly migration through North Carolina occurs twice a year, from May to July when they return from wintering, and from mid-September to early October when they fly south. Around 300 million Monarch butterflies pass through North Carolina, stopping to rest, feed, and mate before continuing their journey.

What are some popular places to observe the Monarch butterfly migration in North Carolina?

The Monarch butterfly migration can be observed along the Blue Ridge Parkway and the Great Smoky Mountains in North Carolina, where the butterflies fly at the treetop level. Some popular spots to see them include the Orchard at Altapass, Pounding Mill Overlook, Cherry Cove Overlook, Mount Pisgah, and Black Balsam.

What is the duration of the Monarch butterflies’ stay in North Carolina during migration?

Upon arrival in North Carolina, Monarch butterflies stay for a few weeks, feeding on their favorite milkweed plants, one of the only plants Monarch caterpillars feed on, and other nectar plants. They then continue their journey, either north or south, depending on the season and weather patterns.

What plants do Monarch butterflies primarily feed on during migration in North Carolina?

During their migration, Monarch butterflies feed primarily on milkweed plants in North Carolina. This state provides the butterflies with a sufficient supply of milkweed plants, allowing them to sustain their journey. Additionally, they also feed on other plants, such as goldenrod, thistle, and ironweeds, which give them the energy required to continue migratory flights.

What is the estimated number of Monarch butterflies that migrate through North Carolina annually?

Around 300 million Monarch butterflies migrate through North Carolina each year, representing one of the most critical stopovers for Monarchs. Although the actual figure may depend on weather patterns, this location is an ideal setting for the butterflies to rest and feed before completing their long journey north or south.

Find hotels and airbnbs near Monarch Butterfly Migration (Map)

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Unique Group of Monarch Butterflies Discovered in Coastal South Carolina

CHARLESTON COUNTY, S.C. — In our part of the world, monarch butterflies are best known for a few key traits: they depend entirely on milkweed plants to survive; they migrate each fall to Mexico; and their population is in trouble.Now, the findings of a five-year study by South Carolina Department of Natural Resources (SCDNR) biologists suggest that coastal South Carolina is home to a unique group of monarchs that takes exception to some of these assumptions.The recently published research indicates that monarch butterflie...

CHARLESTON COUNTY, S.C. — In our part of the world, monarch butterflies are best known for a few key traits: they depend entirely on milkweed plants to survive; they migrate each fall to Mexico; and their population is in trouble.

Now, the findings of a five-year study by South Carolina Department of Natural Resources (SCDNR) biologists suggest that coastal South Carolina is home to a unique group of monarchs that takes exception to some of these assumptions.

The recently published research indicates that monarch butterflies live year-round in South Carolina, relying on swamps in spring, summer and fall and sea islands in the winter. While these monarchs rely heavily on aquatic milkweed (Asclepias perennis) as a host plant for their eggs and caterpillars, they were also found to use swallow-wort (Pattalias palustre) – a viney relative of milkweed that grows near salt marshes and was previously unrecognized as an important host plant for monarchs.

“This research adds another layer of nuance to the fascinating story of the monarch butterfly,” said SCDNR associate marine scientist and first author Dr. Michael Kendrick.

The peer-reviewed paper, published recently in Scientific Reports, has its roots in the decades-long fascination one man has had for South Carolina’s butterflies. Longtime SCDNR biologist John “Billy” McCord (who retired from the Department as a fisheries biologist in 2010, only to return to focus on monarchs) first began capturing and marking monarch butterflies along the coast in 1996, which is when he began to take note of an intriguing pattern.

“I noticed butterflies at Folly Beach, South Carolina, in November and December when I thought they should be overwintering in Mexico,” McCord said. “Once I started tagging some of these butterflies, it became clear they were staying here throughout the winter.”

Researchers commonly study butterfly migrations using a capture-mark-recapture method. In this system, biologists or volunteers catch a butterfly using a net and apply a small sticker with an identifying number to its outer wing. If that individual is later recaptured, researchers can use its identifying sticker to determine how long the butterfly has been ‘at large’ since first being tagged and how far the butterfly has traveled.

For this study, McCord began tagging monarchs across both inland swamp and sea island habitats in January 2018. Over the next several years, McCord tagged 18,375 monarchs and documented aquatic milkweed as a host plant in swamps ranging from the Pee Dee watershed south to the Savannah River border with Georgia. At the same time, he worked to recapture tagged butterflies to determine how long they stayed in South Carolina and when they moved each season.

The results showed strong seasonal patterns. McCord captured monarch butterflies in every month of the study period, establishing that many monarchs are overwintering in South Carolina rather than migrating to the well-known sites in Mexico. Monarchs in this study were more concentrated in maritime habitats (i.e., barrier islands directly on the ocean) in winter but were widely dispersed across coastal plain swamps in spring, summer and fall.

McCord found aquatic milkweed and monarchs (either eggs, caterpillars, pupae or adults) in 18 different watersheds in the coastal plain. These shallow, swampy systems can be hot, buggy, and challenging to sample, which may partly explain why their use by monarchs has gone relatively unnoticed. Nonetheless, this new research shows just how important South Carolina’s swamps are to monarch butterflies, a finding that could inform land conservation in coastal South Carolina.

“The extensive use of inland swamps and maritime habitats by monarchs suggests that protections of these habitats may be critical to protecting monarchs in this region,” the authors wrote in the paper.

“Many questions remain to be answered, however,” said Dr. Kendrick. “More information on population trends and the full extent of the migration patterns of these monarchs will be important to developing effective conservation strategies.”

Citation: Kendrick, M.R., McCord, J.W. Overwintering and breeding patterns of monarch butterflies (Danaus plexippus) in coastal plain habitats of the southeastern USA. Sci Rep 13, 10438 (2023). https://doi.org/10.1038/s41598-023-37225-7

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