Probate Lawyer in Piedmont, 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 Piedmont, 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 Piedmont, 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 Piedmont, SC
Probate Lawyer Piedmont, 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 Piedmont, 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 Piedmont, 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 Piedmont, 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 Piedmont, SC

SC trucking terminals sold after Yellow's ink runs red

It's poised to rev back to life.The former Yellow Corp. depot between Rivers Avenue and Interstate 26 in North Charleston and two others in South Carolina are among the properties that onetime rivals of the fallen company and other opportunistic buyers snapped up at a U.S. Bankruptcy Court auction in Delaware.The sales, totaling about $1.9 billion for about 75 perc...

It's poised to rev back to life.

The former Yellow Corp. depot between Rivers Avenue and Interstate 26 in North Charleston and two others in South Carolina are among the properties that onetime rivals of the fallen company and other opportunistic buyers snapped up at a U.S. Bankruptcy Court auction in Delaware.

The sales, totaling about $1.9 billion for about 75 percent of the roughly 180 freight yards and service centers that went on the block, were approved last week.

The other Palmetto State sites changing hands are in West Columbia and Piedmont, southwest of Greenville.

Yellow's remaining real estate holdings are still in play, including a recently shuttered terminal in Florence.

The North Charleston depot had been in business since at least 1967, when it was run by a familiar name in the tractor-trailer business: Roadway Express.

Twenty years ago Nashville-based Yellow eased into the fast lane. It acquired Roadway for $1.05 billion in December 2003 and became the No. 3 player in the U.S. logistic industry's "less-than-truckload" niche, which specializes in moving smaller loads for multiple customers within a single trailer.

Some two decades on, Yellow was broken down on the side of the road. The company filed for bankruptcy protection in August after years of financial struggles and $1.3 billion in debt, not including its unsecured liabilities.

The collapse marked the biggest-ever failure of a U.S. trucking business. It was more than noteworthy that just three years earlier Yellow had received $700 million in pandemic-era loans from the U.S. government to keep it afloat.

Rather than try to fix the financial wear and tear, the fallen 99-year-old trucking icon known for its cheap rates decided instead to shut down and sell its real estate, rigs and other assets to repay creditors.

Longtime IAAM director Grady Crosby will now take the helm as chair.

The Winston-Salem, N.C., native and insurance executive is based in Milwaukee, where he is vice president and chief sustainability and impact officer for Northwestern Mutual. He joined the IAAM board in mid-2018

“Charleston is now home to one of the world’s most significant cultural institutions chronicling the African diaspora, and I look forward to building upon the foundation created by so many in this community who envisioned the success of this project,” Crosby said in a written statement.

Since its opening in June, the $120 million IAAM has welcomed more than 135,000 visitors to the former site of Gadsden’s Wharf off Concord Street along the peninsula's waterfront, according to officials.

Crosby predicted the second year will be an “exciting period of growth and operational maturity for the IAAM.” He added that the board's goal is make it a place where "all can learn, be inspired and build bridges to generations of people who were unable to tell their story."

Former Chair Wilbur Johnson, a Charleston attorney, was a founding IAAM board member and chairman for the past 12 years. During his tenure, organizers raised more than $125 million in public and private funds to bring the long-planned project to life.

Tonya Matthews, the museum's CEO, said Crosby's "wealth of nonprofit board experience and passion for what we do will provide inspiring leadership for the museum and its board as we move forward into this next generation of the IAAM journey."

Piedmont Interstate Fair 2024, South Carolina

Piedmont Interstate Fair is the annual agriculture showcase, taking place at Piedmont Interstate Fairgrounds near Spartanburg, South Carolina. Every October, the fair features midway rides and games, agricultural and livestock exhibits, a garden tractor show, and a variety of food vendors.Piedmont Interstate Fair Events and Activities Interactive robots, Sparky and Jinks, are roving the midway to the delight of children. The fair's community stage offers great music from local artists eve...

Piedmont Interstate Fair is the annual agriculture showcase, taking place at Piedmont Interstate Fairgrounds near Spartanburg, South Carolina. Every October, the fair features midway rides and games, agricultural and livestock exhibits, a garden tractor show, and a variety of food vendors.

Piedmont Interstate Fair Events and Activities

Interactive robots, Sparky and Jinks, are roving the midway to the delight of children. The fair's community stage offers great music from local artists every night. All concerts start at 7:30 pm. Other highlights include the talent show “Showtime at the Fair,” a beekeeper with a live hive in the agriculture building as well as the historic display by the Spartanburg County Library. The art show features the works of professional and amateur artists as well as hobbies and crafts entries. Visitors can also try the best agricultural produce of the region, including delicious baked goods, vegetables, and fruits.

The fair guests can visit All American Petting Zoo, All American Pig Racing, Monkey Business, carnival and helicopter rides, Farm Animal Barn, free live music, exhibit halls, Doc Magic, Fair Food, Lew-E the Clown, Agri-Golf on the everyday of the fair.

Fair Hours

From Tuesday to Friday fair operates from 4 pm until 9 pm, on Saturday from 11 am to 9 pm, and on Sunday from 1 pm until 8 pm.

Tickets

The visitors can buy tickets online, at the gates, and in advance at the fair office. The online tickets cost $7 for adults and $3 for children (ages 5-11). The Mega Pass, which includes admission and unlimited rides for one fair day and is available in advance only, costs $30. Tickets at the gates are $10 from Tuesday through Thursday and $15 from Friday through Sunday for adults. Children's tickets from Tuesday to Thursday are $5 and $10 from Friday to Sunday. Kids 4 years old and younger enter for free. Seniors' (65+) tickets are $5, and Veterans' (with ID) are $7.

Additionally, on Wednesday, there will be free admission for seniors, veterans, and school groups from 10 am to 2 pm without rides. On Tuesday, adults can donate 3 cans of food and receive $7 admission to the fair, and kids will receive $3 admission.

Fair History

Piedmont Interstate Fair has been held since 1946, showcasing agriculture products from six counties, Polk and Rutherford Counties in North Carolina and Spartanburg, Cherokee, Union, and Laurens in South Carolina. Throughout the years it has become a favorite annual event for thousands of Spartanburg families.

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Last updated: July 22, 2024

‘Smart growth is essential:’ planners present vision plan for Piedmont

PIEDMONT, S.C. (FOX Carolina) - Growth is happening across the upstate, that includes smaller communities too—like Piedmont. It’s a small community along the Saluda River. Split between two upstate counties.“We kind of have been left behind, you know, the mills left and everything left and Piedmont was in decline but it is growing now,” said Sarah Lyons, the Director of the Piedmont Community Alliance.Just like most of the upstate, developers are noticing piedmont.“Since 2020, there have bee...

PIEDMONT, S.C. (FOX Carolina) - Growth is happening across the upstate, that includes smaller communities too—like Piedmont. It’s a small community along the Saluda River. Split between two upstate counties.

“We kind of have been left behind, you know, the mills left and everything left and Piedmont was in decline but it is growing now,” said Sarah Lyons, the Director of the Piedmont Community Alliance.

Just like most of the upstate, developers are noticing piedmont.

“Since 2020, there have been more than 3,000 housing units either approved or currently under construction,” said Austin Lovelace, a Greenville County Planner and project manager for the Piedmont Vision Plan.

Last May planners began working with Piedmont residents to create the vision plan. The plan details revitalization like creating park spaces, a bustling downtown district, bike and walking trails, and renovating history—through the Piedmont Village Mill project.

Their study found at the current growth pace—piedmont could see more than 300 acres of natural and agricultural land developed by 2041. Part of the vision plan is laying the foundation for what can be built and where.

“I would say housing is one of our top priorities. There is not affordable housing and there definitely is a housing crisis happening in Piedmont, there is a large population of people experiencing homelessness,” said Lyons.

Lyons nonprofit organization advocated for the plan, and helped get community members involved. She says land use regulations are key because they don’t want to see cookie-cutter subdivisions; instead they’re prioritizing saving trees, greenspace and other housing.

“I think this is the perfect opportunity for us to have a plan that really does encapsulate what Piedmont is, why it’s magical and how we retain that community character while still growing. Because growth is happening, whether we want it to or not, but having smart growth is essential,” she said.

The plan is just a concept but they’re urging county leaders to adopt and follow it when approving new development. The plan has already been adopted by Anderson County—now it must be approved by Greenville County council. Click here to view the plan.

Copyright 2024 WHNS. All rights reserved.

Boys clubs join Elite 64 Regional League Piedmont

ShareFRISCO, Texas (March 28, 2024) — The USYS National League is excited to welcome eight boys clubs into the newly formed Piedmont division of the Elite 64 Regional League.The Piedmont division will begin play in the 2024-25 season and feature clubs from South Carolina and Georgia, with competition available in the 13U through 19U age groups.ELITE 64 REGIONAL LEAGUE | PIEDMONT (BOYS)Bulls Soccer ClubCESACharleston Soccer ClubCharlotte IndependenceCoast FAJames Is...

FRISCO, Texas (March 28, 2024) — The USYS National League is excited to welcome eight boys clubs into the newly formed Piedmont division of the Elite 64 Regional League.

The Piedmont division will begin play in the 2024-25 season and feature clubs from South Carolina and Georgia, with competition available in the 13U through 19U age groups.

ELITE 64 REGIONAL LEAGUE | PIEDMONT (BOYS)

Bulls Soccer ClubCESACharleston Soccer ClubCharlotte IndependenceCoast FAJames Island Soccer ClubSCUFCUnited FC – Furman

A collaboration between the National League and members in the region helped to form the division, which will offer a league format that best serves the clubs while reducing travel and costs.

“Working with the National League has allowed member organizations in South Carolina to collaborate on programming options, which in turn has increased educational standards and consolidated league programming,” said Walter Clapton, Executive Director of South Carolina Youth Soccer. “Between the South Carolina Conference Qualifier, the Piedmont Conference, and E64 RL Piedmont, there is a network of quality matches at multiple levels that maintains unity and connectivity through promotion, crossover events, as well as a pathway to the USYS National Championships, presented by New York Life.”

The Elite 64 Regional League serves various geographic areas around the United States. The Elite 64 Regional League provides teams that finish at the top of their group with the ability to qualify for the National League Quarterfinals.

The opportunity to earn their place into the league’s national event pathway gives all National League teams the ability to compete toward a common goal — the USYS National Championships, presented by New York Life. There is also the possibility of crossover events with other teams and clubs in the region and across the country.

“We are very excited to work with these clubs in the Elite 64 Regional League and offer opportunities for the players to play meaningful games in a club-based environment,” said Simon Collins, National League Commissioner. “We are confident this platform will provide an excellent test for players and clubs that gives them the ability to achieve short-term and long-term goals within the National League.”

For more information on Elite 64 Regional League, click here.

$500M battery cell plant employing hundreds coming to the Upstate

GREENVILLE — The world’s largest industrial battery maker is building a $500 million plant in the Upstate that could eventually employ 500 people.Pennsylvania-headquartered EnerSys announced plans Wednesday to manufacture lithium-ion battery cells at a 500,000-square-foot plant on 140 acres near Piedmont, south of Greenville. Construction is scheduled...

GREENVILLE — The world’s largest industrial battery maker is building a $500 million plant in the Upstate that could eventually employ 500 people.

Pennsylvania-headquartered EnerSys announced plans Wednesday to manufacture lithium-ion battery cells at a 500,000-square-foot plant on 140 acres near Piedmont, south of Greenville. Construction is scheduled to start in early 2025. The target for operations to start is late 2027.

Wages for factory floor workers will start at $24 an hour. Salaries for engineers will start at $90,000, according to the company.

It’s the latest battery-related investment celebrated by South Carolina officials.

But unlike past announcements, EnerSys’ focus goes beyond electric vehicles.

“Electric vehicles sort of suck all the oxygen out of the room when you talk about batteries,” said CEO David Shaffer.

EnerSys also makes components for batteries that go in everything from submarines to satellites, as well as battery storage important to renewable energy sources, such as solar.

“Our state has made the decision we want to be open to new technology,” said Gov. Henry McMaster, pointing to South Carolina’s recent designation by the U.S. Department of Commerce as a regional technology hub focused on power production and storage.

EnerSys is a $3.4 billion publicly-traded company with a total of 11,000 employees.

It already has one South Carolina location, in Sumter, where it employs about 100 people making steel battery cases.

“This really is the next phase in the evolution of our company,” Shaffer said of the Greenville investment.

To lure the company to the area, Greenville County Council is weighing a reduction of the company’s property tax rate. Laws passed in 2017 and 2021 effectively lowered the property tax rate on manufacturers from 10.5% to 6%. This proposed deal takes the rate even lower — to 4% — and provides extra credits enabling the company to further buy down its tax bill by 45% for 20 years.

The deal still needs final council approval.

The state approved EnerSys for income tax credits worth $1,500 per each new job, according to state Commerce officals.

The EnerSys announcement adds to a growing stable of so-called “clean energy” companies building operations in South Carolina, much of which has been focused on electric vehicles and batteries.

EV industry expected to employ upwards of 10,000 South Carolinians

In October 2022, BMW pledged to invest $1.7 billion as it prepares to assemble electric vehicles at its plant near Greer. BMW was the first major manufacturer to come to the state about 30 years ago, when South Carolina was struggling from the loss of the textile industry to overseas markets. It broke ground June 27 on a battery assembly plant near Woodruff in Spartanburg County, where it will employ 300 workers.

BMW is partnering with battery cell maker Envision Automotive Energy Supply Co., which is building a $1.6 billion production facility in Florence.

Nevada-headquartered battery recycler, Redwood Materials, announced in December 2022 it was investing $3.5 billion in rural Berkeley County and hiring 1,500 workers, marking the single largest investment ever secured by state economic development officials.

Then, in February 2023, Volvo said it would hire 1,300 more workers to build its all-electric EX90 at its facility near Ridgeville, in rural Dorchester County.

Volkswagen subsidiary Scout Motors followed the Swedish automaker with an announcement of its own in early March 2023 — a $2 billion electric vehicle assembly facility north of Columbia that will employ at least 4,000 workers and could eventually double both its investment and employment.

And at the end March 2023, two more battery-related companies pledged to come to state:

Most recently, e-VAC Magnetics, which makes components for electric motors, said in December 2023 it would build a $506 million facility in Sumter.

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