Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in North Charleston, SC?

When someone passes away, their assets have to be distributed according to South Carolina state laws and the directions in their Will. Your probate lawyer will be a significant source of help in this regard, as they will guide an executor of a Will or Beneficiaries of an estate through the often-confusing probate process. From identifying notating estate assets to distributing inheritances, your probate attorney is a crucial partner during this difficult time in your life.

At Cobb Hammett, our probate attorneys understand that when a client's loved one dies, they need a caring presence by their side. But they also need a confident source of knowledge that can act on their behalf as they grieve. That's why, given the complex nature of probate law, it's a good idea to have a trusted attorney on call who can settle an estate and handle the nuanced issues that arise in probate court.

  • Walk You Through the Aspects of Your Probate Case
  • Prepare and File All Necessary Paperwork by the Mandated Deadlines
  • Help You Stay Abreast of Requirements and Responsibilities
  • Identify Estate Assets
  • Help Pay Debts and Bills
  • Transfer Assets to the Appropriate Parties
  • Assist with Estate Disputes
  • Resolve Income Tax Issues
  • Advise You of Your Rights
  • Remain Prepared and Organized to Help Reduce Your Stress

Administering a decedent's estate can be a long, arduous process. That's especially true if disputes are involved with Beneficiaries. When you consider the chances of being held liable for decisions you make as a Personal Representative of an Estate, working with a probate lawyer from Cobb Hammett Law Firm just makes good sense.

Probate Lawyer North Charleston, 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 North Charleston, 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 North Charleston, 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 North Charleston, SC
Probate Lawyer North Charleston, 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 North Charleston, 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.

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What Our Clients Say

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 North Charleston, 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 North Charleston, 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 North Charleston, SC

Community cats removed from North Charleston Home Depot, caregivers demand answers

NORTH CHARLESTON, S.C. (WCSC) — Questions are growing after several community cats that had been living for years near a North Charleston The Home Depot suddenly disappeared.Caregivers say the cats weren’t just strays — they were part of a managed colony under a trap-neuter-return program, where animals are sterilized, vaccinated, and returned to the area they know.For Jennifer Conlon, those cats became part of her daily life.“They’ve been with us for years. We’ve spent so much time fi...

NORTH CHARLESTON, S.C. (WCSC) — Questions are growing after several community cats that had been living for years near a North Charleston The Home Depot suddenly disappeared.

Caregivers say the cats weren’t just strays — they were part of a managed colony under a trap-neuter-return program, where animals are sterilized, vaccinated, and returned to the area they know.

For Jennifer Conlon, those cats became part of her daily life.

“They’ve been with us for years. We’ve spent so much time fixing them, feeding them…they have homes here,” Conlon said.

But recently, she says, that routine was disrupted.

“A couple of them disappeared… and we found out they were trapping them over at Home Depot,” she said.

Advocates say posts began circulating online, alleging that a trapper had been hired to remove cats from the property.

Maggie Cloninger, president and co-founder of Hope for Feral Hearts, says there are still more questions than answers.

“There was a post in a private group saying this Home Depot had set out traps to remove colony cats that have lived here for years… and we haven’t been able to confirm where they went,” Cloninger said.

In a statement to Live 5 News, Home Depot acknowledged the situation, saying in part that it has asked the store to stop working with the trapper involved.

Still, caregivers say the biggest concern remains the cats’ whereabouts.

Under Charleston County ordinance, free-roaming cats that are part of a managed TNR program are allowed to remain in the community if properly cared for.

Animal welfare experts say those programs are designed to reduce overpopulation and stabilize colonies over time.

“Spaying and neutering these cats and returning them where they live… it prevents more from moving in. It’s what actually controls the population,” a representative with Charleston Animal Society said.

Advocates say if cats need to be removed, there is typically a process involving animal control, microchip checks and relocation to a verified rescue or sanctuary.

They say it’s unclear whether those steps were followed in this case.

Cloninger says relocating cats improperly can put them at serious risk.

“They rely on caregivers for food and shelter… so putting them somewhere unfamiliar—they don’t know how to survive. Right now, they could be fighting for their lives,” she said.

For those who cared for them, the situation is personal.

Until more information is released, caregivers say they’re left asking one question: “Where are the cats?”

Charleston residents get a look at designs for affordable housing, but are skeptical about feedback

CHARLESTON — Community members got their first real glimpse at potential designs for future affordable housing that city staff and architects from Europe and Savannah have been working on this week.The $125,000 week-long design effort is part of Mayor William Cogswell’s housing initiative called Project 3500 that aims to add 3,500 new affordable units by 2032 and redevelop wide swaths of the peninsula.Most onlookers March 18 marveled at the sketches and mock-ups that embrace Charleston’s historic charm. But so...

CHARLESTON — Community members got their first real glimpse at potential designs for future affordable housing that city staff and architects from Europe and Savannah have been working on this week.

The $125,000 week-long design effort is part of Mayor William Cogswell’s housing initiative called Project 3500 that aims to add 3,500 new affordable units by 2032 and redevelop wide swaths of the peninsula.

Most onlookers March 18 marveled at the sketches and mock-ups that embrace Charleston’s historic charm. But some expressed concerns about whether longtime low-income residents currently living at sites the city is targeting will be displaced.

Others wondered whether those residents might not have been able to attend the 5 p.m. weekday event held at the city’s Dock Street Theater downtown.

“This is very much still a work in progress,” Cogswell said adding that critiques about the accessibility of the location were valid.

Before any of the designs are finalized, Cogswell said city staff will go on the road and take them to the neighborhoods where residents will be most impacted.

To meet the city’s ambitious housing goal, Cogswell wants to redevelop nearly 100 acres across the peninsula combining properties the city owns with Charleston Housing Authority sites that were already earmarked for redevelopment, along with land the county owns along Morrison Drive.

Cogswell brought in architects and designers he and other city leaders met during a tour of Europe late last year to help plan and design the targeted sites into communities of density-packed, smaller buildings that look like downtown Charleston, rather than the tall boxy apartment complexes that have popped up along the upper peninsula.

“I’m gravitating toward the designs that keep it looking historic,” said Bri Meyer, a student blacksmith at the American College of the Building Arts. “Beauty shouldn’t dictate what you can afford.”

The city hopes developers, who will eventually take the designs and build them, will partner with the college in an effort to keep building costs down and also keep that future skilled workforce local.

Cassandra Stilley, who is studying stonemasonry, said the city is taking a novel approach by considering historic designs and materials to make new spaces where you can’t tell which apartment is affordable and which is “high end.”

City says it wants feedback, but how will it be documented?

Cogswell began the March 18 open house by saying that the design teams wanted feedback. But there was no way to record any suggestions, compliments or critiques residents brought. Cogswell said they were listening and would incorporate the verbal feedback as they move forward.

On March 16, at the kick-off event, Cogswell was caught off guard when the audience members asked questions about costs and the potential displacement of residents living at the targeted sites.

“It doesn’t feel true to genuine feedback,” said Lin Jay, an organizer with the Friends of Gadsden Creek.

Only a few acres remain of the once vibrant tidal creek that runs near Gadsden Green, one of the housing authority properties that is being redesigned. Jay said mock-up panels on display showed part of the remaining creek filled in and built over, which she said is alarming.

She’s less interested in the designs and called it “shiny stuff.” Her focus is wanting to preserve the natural amenity that the creek provides to the community surrounding it.

“I don’t think anyone’s against affordable housing,” said Margaret Ling, who lives near the Wagner Terrace neighborhood. “But are we actually listening to the people who live there?”

Cogswell has said that adding nearby city properties to the mix allows for a staggered build out, which will also help ensure that those currently living in Housing Authority properties won’t be displaced while the re-development happens.

“This effort is about creating housing that reflects Charleston and works for the people who call it home,” Cogswell said in a statement the city sent after this story published online. “We are committed to a thoughtful process, and we look forward to hearing from residents in the weeks ahead.”

The city plans to distribute comment cards at the final workshop on March 20, launch an online feedback form to collect input from residents across the city, and bring the preliminary design concepts directly into neighborhoods through a series of community meetings and pop-up events, according to the news release.

The week-long workshop will end March 20 with a wrap-up presentation where the design team will show the week’s progress and discuss next steps. That event starts at 5 p.m. at Dock Street Theater, 135 Church St.

Editor’s note: This story has been updated to reflect the updated location of the final workshop on March 20, and the city’s response to how it will handle feedback going forward.

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