Probate Lawyer in Nexton, 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 Nexton, 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 Nexton, 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 Nexton, SC
Probate Lawyer Nexton, 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 Nexton, 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 Nexton, 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 Nexton, 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 Nexton, SC

One Nexton to Bring Retail, Office and Multifamily Residences

BERKELEY COUNTY, S.C. – The Nexton community has announced leasing and development progress on phase one of One Nexton, a Publix-anchored mixed-use development situated on 23.66 acres at the northeast corner of Brighton Park Boulevard and Nexton Parkway.Developed by Branch Properties and Charlotte-based Crosland Southeast, the community’s first phase, expected to be completed this fall, features 32,000 square feet of retail space as well as two corner outparcels and 351 Class-A apartments.The retail shop spaces are ...

BERKELEY COUNTY, S.C. – The Nexton community has announced leasing and development progress on phase one of One Nexton, a Publix-anchored mixed-use development situated on 23.66 acres at the northeast corner of Brighton Park Boulevard and Nexton Parkway.

Developed by Branch Properties and Charlotte-based Crosland Southeast, the community’s first phase, expected to be completed this fall, features 32,000 square feet of retail space as well as two corner outparcels and 351 Class-A apartments.

The retail shop spaces are 100% leased, with confirmed retail tenants including Catrina’s Cantina, Jersey Mike’s Subs, Swamp Fox Agency, The Packie Wine and Spirits, Roper St. Francis, Dulce Churros, Ice Cream and Cocktails, Heartland Dental, Woodhaven Pizza, Ruby’s Bagels, Noire Nails, Basecamp Fitness, Naan Appetit and Fifth Third Bank.

Upon full buildout of its multiple phases, One Nexton will deliver an immersive community experience with its spacious green space for year-round programming and activations, plus additional parks and trails that connect to the greater community, all of which are walkable and bikeable to the 7,500 homes in Nexton.

“One Nexton seamlessly epitomizes all that our community strives to accomplish by creating a dynamic and vibrant environment for residents to live, work and play,” said Brent Gibadlo, senior vice president of development at Nexton. “By prioritizing thoughtful commercial and residential additions, we can fulfill the desires and needs of our residents, while cutting down on commute times and improving quality of life.”

Situated less than a mile from the nearest major commuting route along Interstate 26, One Nexton will provide approximately 150,000 square feet of high-quality shopping and dining space throughout its multiple phases. Future phases will also include a hotel, office space and additional retail and services.

“We are thrilled to welcome a strong mix of local and national retailers to One Nexton,” said Jesse Shannon, president & chief investment officer at Branch Properties. “Upon completion later this year, the center is poised to become the premier retail hub for the ever-growing Summerville community.”

Charlotte-based Shook Kelley was selected as One Nexton’s master designer, Charleston-based SGA Narmour Wright Design is the multifamily architect and Alpharetta-based Hiscutt & Associates, Inc. is the phase-one retail architect.

Jeff Yurfest CCIM, Executive Vice President with TSCG is responsible for One Nexton’s outparcel and retail leasing activity. Greystar is managing the multifamily real estate component.

Nexton announces groundbreaking of Marketplace at Nexton

Nexton announced the groundbreaking of Marketplace at Nexton, a new service, retail and restaurant development.Located at the intersection of Nexton Parkway and Cross Park Lane, Marketplace at Nexton will include six one-story buildings ranging from 3,500 to 10,000 square feet, offering a total of ...

Nexton announced the groundbreaking of Marketplace at Nexton, a new service, retail and restaurant development.

Located at the intersection of Nexton Parkway and Cross Park Lane, Marketplace at Nexton will include six one-story buildings ranging from 3,500 to 10,000 square feet, offering a total of 35,000 square feet of retail space for sale or lease.

More than 14,000 square feet of space has been leased by tenants including Dunkin’, sWeetFrog frozen yogurt, El Patron Mexican restaurant, Rotolo’s Craft and Crust Pizza, Dance Moves of Charleston, Shimmer nail salon and a liquor store concept. Currently, 12,000 square feet of space is remaining for sale or lease.

“Marketplace at Nexton is an ideal addition to our dynamic community as it will thoughtfully meet the needs of our residents,” says Cassie Cataline, marketing director at Nexton. “This development will not only expand our diverse array of retail and dining options but also offer our residents even more convenient and desirable amenities.”

Designed and built by SL Shaw & Associates, Marketplace at Nexton is strategically positioned adjacent to vibrant residential and retail offerings, including a brand-new Harris Teeter grocery store, ensuring seamless access for those living and working nearby. Marketplace at Nexton is anticipated to open in 2025.

“Marketplace at Nexton exemplifies SL Shaw’s commitment to creating thoughtfully designed spaces that are easily accessible and cater to a variety of lifestyles and preferences,” says Phillip Manchester, managing partner at SL Shaw & Associates. “We are looking forward to seeing this project come to life and become yet another vibrant central hub for the community.”

Bridge Commercial manages the leasing at Marketplace at Nexton.

For more information on Nexton, visit www.nexton.com. For more information on Nexton’s commercial offerings, visit https://www.nexton.com/commercial/.

MUSC could spend up to $705 million on new hospitals in fast-growing SC counties

The Medical University of South Carolina health system will seek to borrow up to $705 million to finally build new hospitals in fast-growing areas of Berkeley and Lancaster counties.The Medical University Hospital Authority Board of Trustees voted to seek up to $395 million for a 70-bed hospital and a 30,000-square-foot medical office building in Nexton. The board also approved up to $310 million for a 50-bed hospital and 60,000-square-foot medical office building in Indian Land, just south of the North Carolina border.The hosp...

The Medical University of South Carolina health system will seek to borrow up to $705 million to finally build new hospitals in fast-growing areas of Berkeley and Lancaster counties.

The Medical University Hospital Authority Board of Trustees voted to seek up to $395 million for a 70-bed hospital and a 30,000-square-foot medical office building in Nexton. The board also approved up to $310 million for a 50-bed hospital and 60,000-square-foot medical office building in Indian Land, just south of the North Carolina border.

The hospital authority now needs to get approval from the State Fiscal Accountability Authority to go out on the market for the loans.

Health

Both are projects that the health system has pursued for years but ran into delays, said Dr. Patrick Cawley, CEO of MUSC Health. The required state licenses for those hospitals, known as a Certificate of Need, were fought by competitors. And the pandemic didn't help, Cawley said.

"We’re finally past the Certificate of Need challenges, we’re finally past where COVID slowed everything down, and now we’re ready to really proceed," he said.

General contractors and architects have already been hired and have started work.

"Now we're ready to start building," Cawley said.

He anticipated breaking ground within a year.

The medical office buildings will go up first, which aids in the recruitment of new doctors to the area, followed by the hospitals. The offices should open in 2026, the hospitals in 2027.

It is no secret why the health system is targeting both areas around Summerville and in what is essentially now the suburbs of Charlotte, Cawley said.

"Both of these areas are some of the fastest-growing ZIP codes in the state of South Carolina," he said.

But it is not just those areas — health care has grown from 4.9 percent of the state's economy to now 6.8 percent, said MUSC President David J. Cole.

"It's only going to continue to increase," he said. Part of it is just population growth from an "influx of people coming from all over the nation" to South Carolina, Cole said. But it is also the aging of the population in general, he said.

Nexton announces swift leasing on Publix-anchored mixed-use center

Nexton announces swift leasing on Publix-anchored mixed-use centerLeasing and development are progressing at One Nexton, a Publix-anchored mixed-use development situated on 23.66 acres at the northeast corner of Brighton Park Boulevard and Nexton Parkway in Summerville.Developed by Branch Properties and Charlotte-based Crosland Southeast, the community’s first phase, expected to be completed this fall, features 32,000 square feet of retail space as well as two corner outparcels and 351 Class-A apartments. The retail shop ...

Nexton announces swift leasing on Publix-anchored mixed-use center

Leasing and development are progressing at One Nexton, a Publix-anchored mixed-use development situated on 23.66 acres at the northeast corner of Brighton Park Boulevard and Nexton Parkway in Summerville.

Developed by Branch Properties and Charlotte-based Crosland Southeast, the community’s first phase, expected to be completed this fall, features 32,000 square feet of retail space as well as two corner outparcels and 351 Class-A apartments. The retail shop spaces are 100% leased, with confirmed retail tenants such as Catrina’s Cantina, Jersey Mike’s Subs, Swamp Fox Agency, The Packie Wine and Spirits, Roper St. Francis, Dulce Churros, Ice Cream and Cocktails, Heartland Dental, Woodhaven Pizza, Ruby’s Bagels, Noire Nails, Basecamp Fitness, Naan Appetit and Fifth Third Bank.

Upon the full buildout of its multiple phases, One Nexton will offer its green space for year-round programming and activities and additional parks and trails connecting to the greater community. All of these are walkable and bikeable to the 7,500 homes in Nexton.

“One Nexton seamlessly epitomizes all that our community strives to accomplish by creating a dynamic and vibrant environment for residents to live, work and play,” said Brent Gibadlo, senior vice president of development at Nexton. “By prioritizing thoughtful commercial and residential additions, we can fulfill the desires and needs of our residents while cutting down on commute times and improving quality of life.”

Less than a mile from the nearest major commuting route along Interstate 26, One Nexton will provide approximately 150,000 square feet of shopping and dining space throughout its multiple phases. Future phases include a hotel, office space, and additional retail and services.

“We are thrilled to welcome a strong mix of local and national retailers to One Nexton,” said Jesse Shannon, president and chief investment officer at Branch Properties. “Upon completion later this year, the center is poised to become the premier retail hub for the ever-growing Summerville community.”

Charlotte-based Shook Kelley was selected as One Nexton’s master designer, Charleston-based SGA Narmour Wright Design is the multifamily architect, and Alpharetta-based Hiscutt & Associates Inc. is the phase-one retail architect.

Jeff Yurfest, executive vice president with TSCG, is responsible for One Nexton’s outparcel and retail leasing activity. Greystar manages the multifamily real estate component.

Nexton Honored with 2023 Best in American Living Award

Home>BizWire>Nexton Honored with 2023 Best in American Living AwardListen to this articleSUMMERVILLE, S.C. – Nexton, the most innovative and walkable community in South Carolina, announced today it was awarded a 2023 Best in American Living Awards (BALA) by The National Association of Home Builders Design Committee in the category of Singl...

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Nexton Honored with 2023 Best in American Living Award

Listen to this article

SUMMERVILLE, S.C. – Nexton, the most innovative and walkable community in South Carolina, announced today it was awarded a 2023 Best in American Living Awards (BALA) by The National Association of Home Builders Design Committee in the category of Single-Family Community For Rent for its built-for-rent neighborhood, The Villas at Nexton. BALA is the building industry’s premier residential design awards program that spotlights the most creative and talented industry professionals who redefine design excellence for homes and communities nationally and internationally.

“Built-for-rent communities are rapidly gaining popularity as they offer a unique blend of convenience, flexibility and community living,” says Cassie Cataline, marketing director at Nexton. “This award underscores Nexton’s commitment to providing innovative housing solutions that prioritize modern lifestyles and foster vibrant communities and we are honored to be recognized.”

The Villas at Nexton earned the gold award in the category Single-Family Community for Rent. The Villas at Nexton spans nearly 27 acres and offers 282 single-family and duplex rental homes that cater to young professionals, empty nesters and those transitioning to the Charleston area looking to rent instead of buy. The community features a mix of one-, two- and three-bedroom cottages, each with its own private, fenced yard, as well as one-bedroom lofts and carriage units. The homes range from 650 to 1,350 square feet and rental rates start at $1,535 per month.

To create a true neighborhood feel for its residents, the community features open green spaces to host community events, courtyards with pavilions and barbeque stations, a central clubhouse and resort-style pool, state-of-the-art fitness center, dog park and electric car charging stations. The homes offer nine- to 12-foot ceilings, quartz countertops, wood-grain flooring, in-unit washers and dryers, a smart home technology package and have 24/7 on-call maintenance and optional enclosed garage parking.

Nexton is a lifestyle-driven destination that artfully blends the best of live, work and play by offering conveniences such as state-of-the-art schools, modern infrastructure, 20 miles of trails and 2,000 acres of green space. The community’s four residential neighborhoods include apartments, built-for-rent homes, townhomes and a variety of for-sale single-family homes that cater to first-time buyers, executives and 55+ retirees. Nexton has currently sold over 3,000 homes.

For more information on The Villas at Nexton, visit: https://thevillasatnexton.com/. To learn more about Nexton, visit: www.nexton.com.

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