Probate Lawyer in Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, SC
Probate Lawyer Mount Pleasant, 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 Mount Pleasant, 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 Mount Pleasant, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than Cobb Hammett Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At Cobb Hammett, LLC, our team of experienced probate lawyers in Mount Pleasant, 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 Mount Pleasant, SC

Found Beneath South Carolina’s Tallest Bridge, The Mount Pleasant Pier Is A Must-Visit Attraction

In the land of storybooks, things commonly found underneath a bridge are often gnarly or downright scary. But there are no trolls or goblins at the Mount Pleasant Pier, found within the Memorial Waterfront Park - and beneath South Carolina's tallest bridge. To the contrary, underneath this bridge is a magical place where sunsets paint the sky in brilliant hues, children dance and play, and Mount Pleasant's number one attraction consistently lives up to its ranking.Welcome to the Mount Pleasant Pier, the town's biggest outdoor attracti...

In the land of storybooks, things commonly found underneath a bridge are often gnarly or downright scary. But there are no trolls or goblins at the Mount Pleasant Pier, found within the Memorial Waterfront Park - and beneath South Carolina's tallest bridge. To the contrary, underneath this bridge is a magical place where sunsets paint the sky in brilliant hues, children dance and play, and Mount Pleasant's number one attraction consistently lives up to its ranking.

Welcome to the Mount Pleasant Pier, the town's biggest outdoor attraction.

It's ranked by Trip Advisor as the number one place to go to enjoy fresh air and beautiful scenery in all of Mount Pleasant.

The pier itself stretches 1,250 feet out into the Charleston Harbor.

Most people don't realize the historic tie the pier has to area.

It is constructed upon the pared down pilings of the old three-lane Cooper River Bridge (seen here on the right).

The old cantilever bridge linking Charleston to Mount Pleasant opened in 1966 and was removed shortly after the new Arthur Ravenel, Jr. Bridge opened in 2005. The new pier in Mount Pleasant uses the old pilings of the old "new Cooper River Bridge," as it was called back in the day.

History aside, there area many things to enjoy when visiting the Mount Pleasant Pier.

Art and culture, and wide open spaces abound.

A gift shop on the pier functions as a cafe, too.

Devour delicious subs, club sandwiches, a reuben, and other specialty sandwiches all affordably priced and made fresh daily.

Or, stop at one of the many restaurants in Mount Pleasant and bring your own meal.

Plenty of outdoor seating, including shady tables underneath the 8,100-square-foot pavilion make dining here easy to practice social distancing.

Don't forget your quarters!

No scenic overlook would be complete without one of these!

From here, you can see all the way to the U.S.S. Yorktown complex.

While you're in town, hit up the Yorktown for even more fantastic ways to enjoy Mount Pleasant's waterfront attractions.

As TripAdvisor users attest by unanimously keeping the Mount Pleasant Pier at the top of the pile of attractions in the town, you simply can't go wrong with a visit to the pier.

Pier hours and gift shop/cafe hours change regularly. For current hours, see this link. For other pertinent info and pier guidelines, go here.

Plenty of parking is available at the pier and right under the Arthur Ravenel, Jr. Bridge.

Visitors can also fish from the pier with a fishing pass which costs $60 for an annual pass ($40 for seniors and kids age 12 and under). Additionally, a wonderful children's playground provides hours of endless fun for visitors under the age of 12.

Have you ventured over to the Mount Pleasant Pier yet? Let us know about your experience by leaving a comment!

For another top outdoor attraction in South Carolina, visit Brookgreen Gardens!

CCSD blamed for alleged mistreatment of student with special needs at Mount Pleasant school

Parents of a child with special needs are suing the Charleston County School District based on allegations of neglect, assault and battery at a Mount Pleasant school.The child, who was referred to as J.C.E. in the lawsuit, is diagnosed with autism, attention deficit disorder and anxiety. He also is described as being largely nonverbal. He attended fifth grade at Mamie P. Whitesides Elementary School from August 2023 until January 2024.The lawsuit, filed in Charleston County Circuit Court, accuses the district of failing to prov...

Parents of a child with special needs are suing the Charleston County School District based on allegations of neglect, assault and battery at a Mount Pleasant school.

The child, who was referred to as J.C.E. in the lawsuit, is diagnosed with autism, attention deficit disorder and anxiety. He also is described as being largely nonverbal. He attended fifth grade at Mamie P. Whitesides Elementary School from August 2023 until January 2024.

The lawsuit, filed in Charleston County Circuit Court, accuses the district of failing to provide the child with a safe environment by ensuring that school staff was adequately educated, trained and qualified to teach students with special needs.

CCSD was served with the lawsuit on Aug. 20, spokesman Andy Pruitt said.

"Our insurer will handle this case and provide an appropriate defense," he said.

The suit states that because of his condition, J.C.E. communicates through behaviors such as physical defiance and yelling when frustrated. Because of his specific needs, the district assigned the child to Mamie P. Whitesides Elementary because it offered a program that was said to be designed to effectively educate students with autism spectrum disorder-related needs.

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The lawsuit states J.C.E.'s parents were consistently told by district personnel that this program was "the only option within the district for students with severe autistic spectrum disorder ... to be effectively educated."

Psychologists at the school created a behavior intervention plan, which identified problem behaviors affecting the child's learning and laid out several specific steps, strategies and interventions to be taken by school staff to prevent and limit the severity of these behaviors once they arose.

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The suit alleges the district and school staff failed to adhere to the plan's requirements and that these techniques would have reduced J.C.E's anxiety and allowed him to learn.

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After four days of school, the child had received three written student incident reports and an unexplained lip injury. The lawsuit also claims that from the beginning of the school year, the child was under constant intense anxiety due to his teachers not understanding how to communicate with him or manage his behaviors.

Because of his anxiety, J.C.E. had nearly daily physical fights and "suffered the humiliation of toilet regression," the suit reads. It also states that his teachers separated the child from his classmates daily.

The suit describes an instance on Jan. 4 where the child was escorted to the school nurse's office by his teacher, a teacher assistant and one other staff member. While he was being administered medication, the child began exhibiting behaviors related to his anxiety and his disability.

When leaving the nurse's office, the child became agitated and indicated through behaviors he wished to leave the school through the front doors near the office. He fell to the floor as his instructors led him away from the doors and down the hall to the classroom.

The lawsuit claims the teacher assistant attempted to pull the child by his sweatshirt as his teacher intervened to move him down the hall, where he fell again after 20 feet. After falling to the floor, the teacher allegedly grabbed J.C.E. by the right ankle and dragged him toward the classroom as he struggled, adding that the assistant then grabbed him by the left wrist and the two of them kept dragging him approximately 70 feet down the hallway, injuring him.

The child's parents contend as a direct result of the district's conduct, the child sustained both physical and emotional trauma that required him to be reassigned to an alternative-placement day program located significantly farther from his home. It also claims that the child suffered severe regression in his ability to process and use educational materials in a school environment.

Students in the Charleston County School District will be able to take an honors version of the Advanced Placement African American Studies course, which the S.C. Department of Education blocked in public schools.

Board members voted to approve the course at an Aug. 22 meeting. With the approval, students will be able to take the class in the upcoming semester. CCSD students will also be able to take the AP exam, with the district covering the costs. The course will serve as an elective, with its credits counting toward the 24 require for graduation.

District officials first brought the course proposal to board members at an Aug. 12 meeting.

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The Post and Courier reported in early June that the state's Department of Education did not approve a course code for the AP class, which was being piloted statewide and nationally for two years. It became an official course offering of the College Board nationwide this school year.

The state education department stated that while the AP course would not be approved in S.C. public schools, local school district could approve an honors version if they chose to do so.

Following news of the cancellation, College Board, the New York-based nonprofit that develops AP course curricula and tests, authorized honors versions of the African American Studies as AP courses in South Carolina schools, but only if they follow college-level standards.

Approximately 100 high school students in CCSD have expressed interest in taking the course, including at least 40 from Academic Magnet High School in North Charleston, Chief Academic Officer Michelle Simmons previously said. Principals at Wando and North Charleston high schools also have expressed interest in offering the class.

Jason Williams, an Academic Magnet teacher who helped district officials develop the syllabus, was present at both meetings. He said the class will help bring a more complete picture to the world history and U.S. history classes students take.

Statistics for USS Yorktown (CV-10)

An American Heroine: From WWII to VietnamThe USS Yorktown (CV-10) was the tenth aircraft carrier to serve in the United States Navy. Under construction as Bon Homme Richard, this new Essex-class carrier was renamed in honor of the USS Yorktown (CV-5) that was sunk at the epic Battle of Midway in June 1942. Built in a record 16 ½ months at Newport News, Virginia, the USS Yorktown was commissioned on April 15, 1943. World War II’s famous “Fighting Lady” would participate significantly in the Pac...

An American Heroine: From WWII to Vietnam

The USS Yorktown (CV-10) was the tenth aircraft carrier to serve in the United States Navy. Under construction as Bon Homme Richard, this new Essex-class carrier was renamed in honor of the USS Yorktown (CV-5) that was sunk at the epic Battle of Midway in June 1942. Built in a record 16 ½ months at Newport News, Virginia, the USS Yorktown was commissioned on April 15, 1943. World War II’s famous “Fighting Lady” would participate significantly in the Pacific offensive that began in late 1943 and ended with the defeat of Japan in 1945. The USS Yorktown received the Presidential Unit Citation and earned 11 battle stars for service in World War II.

In the 1950s, the Yorktown was modernized to operate jet aircraft as an attack carrier (CVA). In 1957, she was re-designated an anti-submarine aircraft carrier (CVS) and would later earn 5 battle stars for service off Vietnam (1965-68). The ship notably recovered the Apollo 8 astronauts and capsule in December 1968. The USS Yorktown was decommissioned in 1970 and placed in reserve. In 1975, this historic ship was towed from Bayonne, NJ to Charleston, SC to become the centerpiece of Patriots Point Naval & Maritime Museum.

Included with admission.

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An exciting new exhibit is now open! The exhibit promises to captivate history enthusiasts and military history buffs alike, offering a unique opportunity for visitors to delve into the rich historical significance of naval exploration and its impact on global affairs. It offers visitors a unique look at what life was like on board the ship.

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Feel the USS Yorktown roar and watch the Engine Room come alive with interactive kiosks. Discover what it was like for a technician during WWII in our exciting, new Engine Room Experience.

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Take a ride to the moon and back inside this replica Apollo 8 capsule while listening to actual radio communication and watching video recorded during the mission.

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Celebrating Mount Pleasant's 'thriving' libraries

The results of an $108 million referendum to bring Charleston County libraries into the 21st Century back in 2014 were made manifest at the July 9 Mount Pleasant Town Council meeting.On hand to show and discuss improvements yielded with those public monies was Charleston County Public Library (CCPL) Executive Director Angela Craig, who walked public officials through recent upgrades at Mount Pleasant's three branches.The CCPL spokesperson began by highlighting the Wando Mount Pleasant Library's fifth anniversary, while also men...

The results of an $108 million referendum to bring Charleston County libraries into the 21st Century back in 2014 were made manifest at the July 9 Mount Pleasant Town Council meeting.

On hand to show and discuss improvements yielded with those public monies was Charleston County Public Library (CCPL) Executive Director Angela Craig, who walked public officials through recent upgrades at Mount Pleasant's three branches.

The CCPL spokesperson began by highlighting the Wando Mount Pleasant Library's fifth anniversary, while also mentioning the numerous amenities at the 40,000 square-foot "jewel of a complex."

The Carolina Park venue — one of five new library edifices added with referendum funds — currently features a 250-seat auditorium, two editing labs, two creative studios, dedicated areas for children, teens and adults, along with a storytime room, study spaces and learning labs.

The auditorium in particular, according to Craig, has served the community well, as astronaut presentations and summer reading sessions have taken place inside the spacious quarters.

"Right now, we are thriving with summer reading. Wando Library has some of the highest completion rates for several reading programs, we are proud to say," added the University of South Carolina grad and avid reader of all genres.

Craig went on to showcase slides of recent events at the Wando Mount Pleasant branch, including scenes of a fishing program in progress, as well as a teen information session on the dangers of opioid use.

When shifting her focus to the Mount Pleasant Library on Mathis Ferry Road, Craig shared that the location has retained more shelves since its 2021-2022 renovation due to producing the highest checkout rates countywide.

The smaller Village Library on Whilden Street, conversely, experienced a more efficient use of its floor plan during the site's 2022-2023 remodeling, which also furnished the public venue with updated carpeting and new furniture.

"We are very, very thrilled to have our three libraries here in this town that we love serving because it's a wonderful place to live and grow," said the married mother of two. "Our five focus areas are: literacy, workforce development, educational success, community engagement and equity. That is the center of everything that we do for our services, our partnerships."

At the conclusion of Craig's rundown, Councilmember Howard Chapman lauded the County's Public Works department for improving and maintaining the aesthetics of the three local libraries in question.

Whether you’re a current pet owner or considering bringing a furry friend into your home, creating a pet-friendly environment can enhance both your life and theirs. Designing a space that accommodates pets’ needs doesn’t mean sacrificing style or functionality.

Here are some tips to achieve a pet-friendly yet elegant home.

Flooring Choices for Pet-Friendly Homes

When it comes to flooring, durability and ease of cleaning are key. Here are some pet-friendly options:

Tile and Laminate: Scratch-resistant and easy to clean, perfect for managing pet hair and accidents.

Hardwood: Opt for harder woods like oak or hickory that can withstand scratches. Applying a durable finish can also protect your floors from pet-related damage.

Area Rugs: Choose rugs made of stain-resistant materials with non-slip backing to prevent accidents.

Pet-Friendly Furniture

Selecting the right furniture can make a big difference in maintaining a pet-friendly home.

Durable Fabrics: Choose furniture with durable, easy-to-clean fabrics like microfiber or leather, which are less likely to hold onto pet hair and are easier to wipe down.

Washable Covers: Invest in furniture with removable and washable covers for easy cleaning.

Pet-Friendly Spaces: Create designated spaces for pets with cozy beds or blankets to give them a comfortable spot to relax and keep fur and dirt confined to one area.

Outdoor Spaces for Pets

If you have a yard, designing a pet-friendly outdoor space can provide your pets with a safe and enjoyable environment.

Secure Fencing: Ensure your yard is enclosed with a secure fence to keep pets safe, and check regularly for gaps.

Pet-Safe Plants: Avoid toxic plants like lilies and azaleas. Opt for pet-safe plants such as marigolds and sunflowers. Learn more about keeping your pets safe here.

Shaded Areas: Create shaded areas where pets can escape the sun with trees, shrubs or a gazebo.

General Tips for a Pet-Friendly Home

Proper Storage: Keep pet supplies organized with designated storage areas for food, toys, leashes and grooming tools.

Regular Cleaning: Vacuum and clean regularly to manage pet hair and dander. Air purifiers can also help improve indoor air quality.

Safety First: Keep hazardous items, such as cleaning supplies and medications, out of pets’ reach to prevent accidents.

Even if you don’t have a pet now, these tips can help you create a welcoming space for future pets or visiting furry friends. With the right choices, you can design a space that’s both beautiful and accommodating for pets. Happy decorating!

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