Probate Lawyer in Pacolet, 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 Pacolet, 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 Pacolet, 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 Pacolet, SC
Probate Lawyer Pacolet, 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 Pacolet, 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 Pacolet, 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 Pacolet, 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 Pacolet, SC

Town of Pacolet reimagines future with new comprehensive plan

The town of Pacolet has released its first comprehensive place since 1999 aimed at revitalizing the once-bustling mill community Share Infinite Scroll Enabled GET LOCAL BREAKING NEWS ALERTSThe latest breaking updates, delivered straight to your email inbox.Your Email AddressPrivacy Notice PACOLET, S.C. —The town of ...

The town of Pacolet has released its first comprehensive place since 1999 aimed at revitalizing the once-bustling mill community

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PACOLET, S.C. —

The town of Pacolet is reimagining its future with its first comprehensive plan since 1999.

Last year, the town asked residents to complete a survey about what they would like to see in Pacolet.

After analyzing the responses, the town put together the comprehensive plan to guide the town’s progress for the next ten to fifteen years.

“Our goal is to not only create a vibrant community but a sustainable community,” said town administrator, Patrick Kay. “Pushing more of the quality of life in this community.”

The town has outlined five guiding principles for the plan: activate the river, promote historic and cultural resources, facilitate downtown development, improve community appearance and connect people and places.

Kay says the town hopes to develop outdoor recreation activities with improved canoe and kayak services and even the installation of a zipline. Also part of the plan is to expand the trail system to and through Pacolet.

In addition, the town hopes to revitalize areas that were once the heart of the Pacolet community. For example, the plan includes a revamp of the current amphitheater and riverfront area.

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“We need to be able to create a sense of place here–an identity of its own– and Pacolet has an identity of its own,” said Kay. “Really kind of showcasing the identity of this mill village that really took care of the people who lived here– the access to the river, the wildlife [and] just the outdoor activity and adventure that’s out here.”

A crucial figure in the mill village’s past is the old Pacolet cloth room that currently sits empty just steps away from the river.

In the past, the building served as an industry hub and community gathering space.

Now Paul Liles, the president and CEO of Liles Construction, has built a team that's working to develop the old cloth room into a new mixed-use space.

“It’s natural to reinvest in these existing facilities and make them the central gathering place that they were meant to be," said Liles.

He says the project is in its very early planning stages, but he hopes it will include retail and food and beverage space to complement projects already outlined in the town’s new comprehensive plan.

“We want to provide that community that really supports the comprehensive plan,” said Liles. “So with the zipline and the kayak rentals and all of that, we’re going to be another reason that people come here but also the center from which people go out and enjoy the recreation.”

It's all part of the plan, Kay says, to revitalize the once-bustling mill community.

“As we develop the riverfront and Mr. Liles develops this cloth room, the two together with the other projects we have going on in the community and other developers who have shown interest in our community– all of it together is going to revive Pacolet into the gem it once was in our Upstate,” said Kay.

Liles says his team hopes to break ground on the cloth room project in the summer of 2025.

The town is holding a planning commission meeting and public hearing on the comprehensive plan on Monday, July 8 at 6 p.m. at town hall. Town council will need to approve the plan before it is adopted.

Pacolet planning for growth with new master plan, details on mill revitalization

PACOLET, S.C. (FOX Carolina) - Pacolet town leaders say the wave of growth around the upstate is trickling their way too. The town is creating a plan to decide how it’d like to grow over the next 15 to 20 years.“About 50 or 60 years ago, if not longer, this was the place to live,” said Town Administrator, Patrick Kay.Pacolet is home to under 3,000 residents. The glory days of this former mill community are long in the past. But Kay says developers are showing interest.“The way we’re setting ...

PACOLET, S.C. (FOX Carolina) - Pacolet town leaders say the wave of growth around the upstate is trickling their way too. The town is creating a plan to decide how it’d like to grow over the next 15 to 20 years.

“About 50 or 60 years ago, if not longer, this was the place to live,” said Town Administrator, Patrick Kay.

Pacolet is home to under 3,000 residents. The glory days of this former mill community are long in the past. But Kay says developers are showing interest.

“The way we’re setting things up with the comprehensive plan is making sure that when those developers do come, that we’re ready for them and we’re ready to kind of mold them or funnel them into a direction that we want to see things developed,” he said.

Kay says there hasn’t been a comprehensive plan in place for 24 years. FOX Carolina asked residents what they’d like to see.

“Going to the river and some of the small restaurants around here we really enjoy, but bringing more of that would be great,” said Tyler Ridings.

“Maybe some more stores and a drug store you know, everybody needs a drug store so we don’t have to go so far,” said JoAnne Young.

“They need to bring in small businesses, bring in businesses that we don’t have, like we only have one pharmacy in Pacolet,” said Robert Lammey.

The proposed plan focuses on 5 areas including the former mill community and creating a downtown off West Main street. The ideas include: adding new land regulations to guide development, bike trials, kayak access, a zipline over the river, improving Victor Park, creating a river walk, revitalizing the amphitheater and what’s left of the cloth mill.

“A brewery or shopping, restaurant, potentially an outfitter, but just different mixed-use possibilities,” said Kay about the mill project. “It’s going to create more activity, more things to do, more quality of life for the community that lives here.”

Kay says the town will seek federal, state and local grants to help fund projects.

“We’re not looking to become a booming, overpopulated metropolitan area. What makes Pacolet special is the fact that it’s still a small town, and we want to retain that small town charm while sustainably growing forward,” he said.

There will be a public hearing on the plan Monday, July 8th at 6 o’clock at town hall. The council will need to vote before the plan is adopted. Click here for details.

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Boil water advisory lifted in area of Spartanburg after damages repaired, officials say

SPARTANBURG COUNTY, S.C. —UPDATE: On Saturday afternoon, Spartanburg Water repealed the boil water advisory for the residents in the Central Pacolet and Pacolet Mills area. Spartanburg Water has repaired the damage to the Chestnut and Beech Street water tanks. Boil water advisory repealed for Pendleton, South Carolina, officials say Customers can...

SPARTANBURG COUNTY, S.C. —

UPDATE: On Saturday afternoon, Spartanburg Water repealed the boil water advisory for the residents in the Central Pacolet and Pacolet Mills area. Spartanburg Water has repaired the damage to the Chestnut and Beech Street water tanks.

Boil water advisory repealed for Pendleton, South Carolina, officials say

Customers can now return to using their water without boiling for drinking and cooking, Spartanburg Water said.

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An area of Spartanburg, South Carolina, has been put under a boil water advisory, officials said Thursday afternoon.

Officials with the Spartanburg Water system said the advisory affects about 800 residential and businesses customers in Central Pacolet and Pacolet Mills.

"Spartanburg Water experienced water tank issues at our Chestnut and Beech Street water tanks, following the accidental actions of a contractor in the area," Jennifer Candler, with the water system, said. "Due to the condition of this break, the boil water advisory will be in effect for a minimum of 48-hours."

Candler said customers may experience, or may have experienced, an interruption of service or a reduction in normal water pressures.

She said crews are working to make the necessary repairs and the Chestnut St. water tank will be refilled as quickly as possible.

Once repaired, the affected area will be thoroughly flushed and tested to ensure that no contamination has occurred, Candler said.

"There has been no confirmed contamination of the water system in this area," Candler said. "However, as a precautionary measure until test results can be reviewed, customers are advised to boil water intended for drinking or cooking vigorously for at least one (1) full minute. Then cool the water as needed prior to use. Also, any ice made during the period of this advisory from water that has not been boiled should not be used for drinking purposes."

Candler said crews are working as quickly as possible, and will notify our customers once water quality sampling results have been received from its South Carolina Department of Health and Environmental Control-certified laboratory.

Spartanburg Water, comprised of Spartanburg Water System and Spartanburg Sanitary Sewer District, serves a population of more than 200,000 in Spartanburg County, as well as others in parts of Greenville, Union and Cherokee counties, according to officials.

From fighting flames to smoking meat: Ex-fireman opens barbecue joint near Pacolet

PACOLET — Josh Rogers is a self-taught man.Rogers does not have extensive business or cooking experience. But that didn’t stop him from setting off and opening his new restaurant.Jolly Rogers Woodfired BBQ is a new addition to the rich and storied Upstate barbecue landscape, opening in mid-May.Spartanburg BusinessRogers w...

PACOLET — Josh Rogers is a self-taught man.

Rogers does not have extensive business or cooking experience. But that didn’t stop him from setting off and opening his new restaurant.

Jolly Rogers Woodfired BBQ is a new addition to the rich and storied Upstate barbecue landscape, opening in mid-May.

Spartanburg Business

Rogers worked as a firefighter and in pest control. His co-owner and wife worked in medicine before feeling burnt out after the pandemic.

Cooking barbecue for a living is more enjoyable for Rogers, even if the two-year leap of faith to start the business was admittedly nerve-wracking.

“It’s a lot more fun than crawling under houses,” Rogers said with a chuckle.

The restaurant is open three days a week, Thursday to Saturday, but Rogers plans to expand its operations to four days, and maybe add breakfast in the future.

Located at 3999 Pacolet Highway in Pacolet, around 20 minutes away from downtown Spartanburg, the small family-run establishment might not be in a prime location able to maximize traffic. But that’s just how Rogers likes it.

“We would definitely be a lot busier if we were somewhere else,” Rogers said. “But … this is our home out here. It’s good to really bring something to your home base and help your neighbors out.”

Growing up in Pacolet, Rogers said he was always around barbecue. But it was not until his comrades at the fire department exposed him to the flavorful world of pulled pork and smoked brisket through barbecue competitions that he got “the bug” to start taking cooking it seriously.

Spartanburg Business

Now after two self-taught decades of trial and error, he gets to work at his labor of love full-time with his wife Jennifer, who works mostly in the kitchen while he spends his time in the smokehouse.

And the smokehouse is one of the most important parts — specifically, what fuels the fire.

“Wood-fired, you can’t really duplicate that flavor. You get so much more flavor out of wood fire cooking,” Rogers said.

Rogers added that he can change the flavors by using different wood, from cherry to oak.

Rogers doesn’t plan to stop at just barbecue, either. He also plans to add a coffee menu, an addition that Jennifer suggested since there aren’t many options in Pacolet to buy a cup of joe.

The business is a close-knit operation. Even the employee they hired to work at the front is someone who Rogers has known since kindergarten.

“It’s fun,” he said. “It’s great to be able to trust everybody you work with.”

Bushy Park, a subsidiary of Pacolet Milliken, LLC, is the new home to Leonardo DRS, which will invest $120 million and create 58 new jobs in Berkeley County, SC.

GREENVILLE, S.C., Feb. 27, 2024 /PRNewswire/ -- Pacolet Milliken, LLC is proud to welcome Leonardo DRS to Bushy Park, Pacolet's industrial site in Berkeley County, SC. The South Carolina Department of Commerce announced earlier today that Leonardo DRS, headquartered in Arlington, VA and a provider of advanced technology to U.S. national defense customers, will be establishing manufacturing operations at Bushy Park.Leonardo DRS specializes in the design, development and manufacture of advanced sensing, network computing, force protecti...

GREENVILLE, S.C., Feb. 27, 2024 /PRNewswire/ -- Pacolet Milliken, LLC is proud to welcome Leonardo DRS to Bushy Park, Pacolet's industrial site in Berkeley County, SC. The South Carolina Department of Commerce announced earlier today that Leonardo DRS, headquartered in Arlington, VA and a provider of advanced technology to U.S. national defense customers, will be establishing manufacturing operations at Bushy Park.

Leonardo DRS specializes in the design, development and manufacture of advanced sensing, network computing, force protection, and electric power and propulsion technologies. Leonardo DRS Naval Power Systems is a leading provider of next-generation electrical power conversion and propulsion technology for the U.S. Navy, with major systems for next-generation submarines and surface ships. The facility, to be located in the northern campus of Bushy Park, will have deep-water access by way of Bushy Park's barge slip.

The combination of deep-water access, available land, and existing power were key drivers for Leonardo DRS in making its decision to locate in Bushy Park. The decision was further influenced by the strong collaboration between Pacolet's Power & Infrastructure Division, the SC Department of Commerce, Berkeley County Council and the Charleston Regional Development Alliance (CRDA). Leonardo DRS has been awarded contracts, valued at over $3 billion, to provide integrated electric propulsion system products for the U.S. Navy's Columbia-class submarines, and the new facility in Bushy Park will allow Leonardo DRS to support this demand. Operations are anticipated to commence in late 2025.

"The addition of Leonardo DRS to Bushy Park represents our continued focus on building out our entire site with high quality, long-tenured companies. Leonardo DRS is a leader in supplying critical technologies to the U.S. Navy, and we are proud to support its expansion," commented William Crawford, CEO, Pacolet.

"Leonardo DRS's decision to build at Bushy Park was made as a long-term investment in support of its business and customers. We look forward to investing alongside Leonardo DRS, as it is the type of high-quality company that we seek to recruit to Bushy Park," said Kent Fonvielle, Bushy Park President and Co-Head - Pacolet Power & Infrastructure.

About Pacolet Milliken and Bushy Park

Pacolet Milliken, LLC is a leader in the institutional management of private investment capital. Headquartered in Greenville, SC., Pacolet is a family-owned investment firm that owns and manages a diverse set of power & infrastructure and real estate assets located across the United States. Pacolet Power & Infrastructure Division owns a diverse set of power, renewables and infrastructure assets, including a regulated electric utility (Lockhart Power), an industrial utilities company (Bushy Park) and a substantial solar, landfill gas and waste-to-energy portfolio. Pacolet Real Estate Division has a national portfolio of industrial, multi-family, office, and retail properties, and currently focuses on multi-family and industrial warehouse development in the Southeast, the Southwest and Southern California. In both Divisions, Pacolet seeks to positively impact the communities in which it operates and to be a steward of the environment from a generational perspective.

Bushy Park, a wholly-owned subsidiary of Pacolet, is a 1,530-acre industrial park and utilities services company located in Berkeley County on the Cooper River. The site is home to ten different industrial and manufacturing companies. Bushy Park provides a suite of utilities and other services to its tenants, including steam, nitrogen, compressed air, electricity, natural gas, and process water. The site supports logistics through an onsite rail line and barge slip.

SOURCE Pacolet Milliken LLC

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