If there's one thing that most families can agree on, it's that losing a loved one is tough. It's a grief-stricken time often filled with sleepless nights and free-flowing tears. Between notifying friends, planning funeral services, and working through your own emotions, the thought of Estate Administration is the last thing on your mind. But you know something must be done. You feel obligated to do something about your family member's estate but aren't sure how to proceed or when to do it. You're probably wrestling with hard-to-answer questions like:
That's where Cobb Hammett comes in - to help guide you through the complicated processes of probate court in South Carolina. Because the truth is, probate can be confusing and intimidating if you're ill-equipped to deal with the court's procedures and inner workings. There is legal paperwork to draft and file, petitions to publish, notices to serve, bonds to file, and a long list of rules that you must adhere to during this time. With a probate lawyer in Ravenel, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.
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.
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.
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 Ravenel, 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.
Our attorneys love probate and estate-related legal services, including but not limited to the following:
When our probate lawyers assist with Estate Administration, our team prioritizes efficacy and efficiency to ensure all tasks are accomplished correctly and on time. That way, our clients endure less stress while looking good in front of family members.
When an Estate is disputed and requires litigation, Cobb Hammett probate attorneys fight to win on our client's behalf. From holding unfaithful Executors accountable to contesting Wills, our team searches for the best way to achieve our client's goals.
Things get more complicated in probate cases where Trusts are involved. To ensure that the terms of the Trust are met and handled correctly, our team works closely with clients to advise them on how to proceed.
Every Trust is different. By proxy, every Trust dispute must be handled in a unique manner. After a careful analysis of the Trust and South Carolina law, our team will determine the best strategy to achieve our client's goals.
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 Ravenel, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.
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.
A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.
A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.
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.
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.
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.
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.
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:
Assets that are not subject to probate in South Carolina include:
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 Ravenel, 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.
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.
My family member recently passed away, and we're considering their estate. How long will the probate process take?
The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:
When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.
My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?
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 Ravenel, 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:
When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.
What happens when somebody dies without a will in South Carolina?
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:
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.
Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!
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 Ravenel, 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.
Tea Farm subdivision homeowners seeing bills up to $775 for two-person home linked to irrigationRAVENEL, S.C. (WCSC) — Dozens of residents in a small Ravenel neighborhood are frustrated with recent expensive water bills and a reported high usage of water.Neighbors living in the Tea Farm , a new residential area by Ashton Woods, are all experiencing bills up to $775 and seeing tens of thousands of gallons of water allegedly used on their Charleston Water System bills. The bills range from the $200’s to the $700&rsq...
RAVENEL, S.C. (WCSC) — Dozens of residents in a small Ravenel neighborhood are frustrated with recent expensive water bills and a reported high usage of water.
Neighbors living in the Tea Farm , a new residential area by Ashton Woods, are all experiencing bills up to $775 and seeing tens of thousands of gallons of water allegedly used on their Charleston Water System bills. The bills range from the $200’s to the $700’s. However, officials with the Charleston Water System say their meters are working, there are no leaks and the issue seems to be between the developer and the residents in the area.
“We instantly logged on and looked at all the accounts, and we sent some guys out in the field to take a closer look, and we even talked to people in the community to find out what’s going on, and it’s extremely clear to us that the residents or the builder, have been irrigating to an incredible amount, using thousands and thousands of gallons to irrigate the new grass and the new plantings that have gone into these homes,” Mike Saia, Charleston Water System director of communications, says.
Residents say it wasn’t them.
Within the subdivision, residents shared that they were all given four sprinklers and two timers at the time of closing. While many residents realized sprinklers could be the source, they switched them off, but are still experiencing bills in the hundreds. Water officials say the source could be coming from the builders planting and watering new sod within the neighborhood and the costs falling on the homeowners. They revealed their data shows hours of irrigation. The subdivision is brand new and currently only has 63 built homes, with hundreds more to come.
“So what you have is a challenge between the homeowner and the builder over who’s responsible for the water bill,” Saia says. “Unfortunately, Charleston Water System does not have a mechanism to step in and help these people with their bills because they did use the water, and so they have to be charged for the water, just like anyone else who uses water, but we hope that the residents can find a way to work with the builder to resolve their conflicts.”
Water officials broke down what normal rates for residents outside the city of Charleston should look like. They say the average customer uses around 750 gallons of water per bill, but all of the concerned residents had tens of thousands of gallons of water reportedly used.
“Those are bills that you see often when people fill a swimming pool, or in this case, when they irrigate their front yard for about a week straight with four times a day running the hose for a few hours,” Saia says.
The Charleston Water System says they understand the frustrations and hope a resolution comes quickly. They also confirmed the next bills are on the lower end, and the gallons of water have gone down, but they can’t say it won’t happen again with new homeowners.
“Our heart absolutely goes out to people every time they get an exorbitant bill,” Saia says. “But unfortunately, there’s no mechanism for them to recoup any costs because they did use the water and whether the builder used the water or the homeowner, it still came from the residents’ taps and so they are fully responsible for that bill.”
Judi Guerrero remembers getting her first water bill and feeling in shock when seeing that her home had reportedly used nearly 22,500 gallons of water in only 13 days, resulting in a $562 bill. Although Guerrero’s second bill she received was $257, she says she’s never received a bill that high anywhere else in the Lowcountry. She even stopped watering the lawn and cut down on showering multiple times a day.
“The entire neighborhood is literally talking about this,” Guerrero says.
There are many residents just like her experiencing the same jaw-dropping moment when reviewing their bills.
Pam Paternoster moved into the subdivision on June 23 and received a five-day bill for $374.
“We just have to get this rectified because this is crazy,” she says. “This is a huge problem. The mayor is aware of it. The Charleston Water Department is aware of it. We need answers and we need resolutions.”
Now the question is: will this keep happening to new residents and who will ultimately be held responsible for the water they allegedly used?
Kristine Goodrich is a first-time homeowner and says the bills have been “especially discouraging.” Goodrich and her husband closed on their home in May, but have already been billed $775.93 for a reported 15,668 gallons of water usage.
“Saving enough for a down payment and purchasing our first home was already a major financial hurdle, even with both of us working good, full-time jobs,” Goodrich says. “We were incredibly excited to become homeowners after years of renting apartments, but now we’re dealing with unexpectedly high water bills without a clear explanation for why our usage is so high.”
Goodrich has attempted to get answers throughout the process, but has been told it would cost $40 to have officials check for leaks and an additional $75 to receive daily consumption reports.
She was also told that installing a separate irrigation meter could help reduce sewer charges on outdoor water usage. The second meter would track outdoor water usage and homeowners would only pay sewer charges based on their indoor water usage, which typically decreases when the irrigation meter is used for outdoor watering. The total cost to install a ¾” domestic irrigation meter is $535.
However, she says for a two-person household that does not have an in-ground irrigation system and only hand-waters plants every other day, investing in a separate irrigation meter is currently not an affordable solution.
Cathleen and Anthony Derhovanesian are other residents reporting the same issue. They moved into their home at the end of May and their latest water bill from June was $472 with a reported usage of 21,857 gallons of water.
“When the usage is calculated over a full month, it equates to well over 30,000 gallons of water and sewer service, which we believe is unreasonable for our household,” Derhovanesian says.
They also compare it to their bill from their previous residence in Goose Creek, where, during the same amount of time, number of occupants and size of the home, they only used 3,600 gallons of water.
The Derhovanesians had a Charleston Water System representative inspect the property, but they found no leaks or any other issues with their plumbing.
“Personally, to the builder, I think if there is something on their end, they do need to confront with it and say, ‘Hey, we understand this is going on, we’re trying to figure it out,’ but they’re not trying to help us at all,” Katie McCants, another Tea Farm subdivision homeowner, says. “They’re just putting the blame on the water company, just like the water company is kind of doing to the builder.”
Many of the residents in the area say they are frustrated and are desperate for answers.
Ravenel Mayor Stephen Tumbleston says he’s pushing for the answers the new residents are looking for.
“I’m here to advocate for the new residents and the town staff is doing research on our end to confirm numbers are correct and there was a clean cut off when the homes were under the builders versus the homeowners,” Tumbleston says. “My office will be back in touch with Ashton Woods, Charleston Water System and the Tea Farm subdivision.”
The developer known as Ashton Woods says:
“Tea Farm has no community-wide automated irrigation system. The homes in the community were provided above-ground watering equipment, including garden hoses, sprinklers and battery-operated hose timers that connect to the home’s outdoor spigot. That equipment belongs to the homeowner and can be adjusted, reset, reprogrammed, or removed at any time. Water service is provided by Charleston Water System and transfers to the homeowner at closing. Ashton Woods has no access to a home’s water service after closing and does not have any control over individual homeowner water bills.”