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.
NORTH CHARLESTON, S.C. (WCSC) - Town of Ravenel leaders are eying about 11 acres of land to add affordable housing.Town leaders will soon close the deal to own acres of land off Martin Street on Friday. The plan is to add 23 affordable homes on 11 acres of the land that sits behind the Palmetto Terrace neighborhood.Plans are designing the homes to be 12,500 square feet and larger on the lot. Town Mayor Stephen Tumbleston says the home sizes are because of the area’s low sewer capacity.He says that acquiring the lan...
NORTH CHARLESTON, S.C. (WCSC) - Town of Ravenel leaders are eying about 11 acres of land to add affordable housing.
Town leaders will soon close the deal to own acres of land off Martin Street on Friday. The plan is to add 23 affordable homes on 11 acres of the land that sits behind the Palmetto Terrace neighborhood.
Plans are designing the homes to be 12,500 square feet and larger on the lot. Town Mayor Stephen Tumbleston says the home sizes are because of the area’s low sewer capacity.
He says that acquiring the land for affordable housing began when he first took office.
“Land is so expensive, it’s the most important thing we can do to try to help with affordable housing is to acquire and then bank the land. And then we’ll find a partner that actually goes vertical with building the homes.”
He says the aim is to give families the ability of home ownership that may not be possible otherwise.
“When a $350,000 home is considered in the affordable range for young people starting out, there’s some folks that can’t swing that,” Tumbleston says. “So we see the missing part there, with folks that make 80% or less of the annual median income for the area.”
The project falls in line with the county’s Affordable Housing Land Acquisition program as part of the 2023 initiative. The program partners with the county’s Charleston Redevelopment Corporation to distribute grant funds to nonprofit and for-profit organizations.
More than $2 million was awarded to the program through the Federal American Rescue Plan Act more than one year ago.
The program has a total fund balance of $1.4 million for the second round of applications in 2025. Program leaders are recommending that county council members approve more than $600,000 in funding offers to three applicants so far.
Charleston County Director of Housing Development and Land Management Eric Davis says the program works on partnerships to develop land for housing. The initiative aims to meet families across the county where they are financially.
“It (Housing our Future initiative) noted that around half of all families that are renting in Charleston County are stressed on making those rent payments, and around a third of homeowners are experiencing that hardship in making their mortgage payments.”
Davis says the town’s application is recommended as the opportunity for homeownership falls in line with the program’s mission.
“We need all kinds of units, both rental and home ownership, across the spectrum of affordability,” Davis says. “So, we‘re just trying to check all those boxes and spread it out across all housing types and AMI ranges.”
County council leaders are considering approving the award amount to the applicants, including the Town of Ravenel, on Thursday night.
Tumbleston says the dollars would reimburse the Ravenel for the land purchase.
Other funding sources for the project are coming from additional land banking and affordable housing fees from some neighborhoods. Tumbleston says about $200,000 is added to the pot as each home in a “non-steward” neighborhood pays $2,000 in fees.
Tumbleston says they are applying for grant funds through the county Greenbelt program.
The property runs through freshwater wetlands. Plans for the acres of land also include adding a park. The mayor says the dollars would help fund park and wetland development.
Tumbleston expects construction to begin on the project in about two years from now.
A public hearing for community input is expected to take place during the project’s planning and zoning process.
RAVENEL — Mark Anders loves hearing that beep, beep, beeping sound his metal detector makes as he scans his neighborhood for artifacts and uncovers buried treasures long lost from centuries ago.With 6,000 acres to comb through in the Poplar Grove community, sometimes spending hours in a single plot, Anders pieces together the history of the people who lived on the property since the 1600s, be it the Elliott family, George Washington's potential distant relatives or the smaller characters who made the former rice plantation tick....
RAVENEL — Mark Anders loves hearing that beep, beep, beeping sound his metal detector makes as he scans his neighborhood for artifacts and uncovers buried treasures long lost from centuries ago.
With 6,000 acres to comb through in the Poplar Grove community, sometimes spending hours in a single plot, Anders pieces together the history of the people who lived on the property since the 1600s, be it the Elliott family, George Washington's potential distant relatives or the smaller characters who made the former rice plantation tick.
Shelves upon shelves line Anders’ home office — his temporary storage until a more permanent neighborhood museum is built. There's iron pick axes dating back to the 1700s, belt buckles, spurs, utensils and a musket pistol barrel. He has uncovered silver jewelry shaped like a bow and a gold heart locket, as well as dagger guards and Continental Army military buttons.
Digging in the dirt is a lifelong hobby from Anders' childhood, when he collected coins and bottles with a generic metal detector his mother bought him at Radio Shack.
The retiree moved to Ravenel with his wife in 2020. He now travels the world on leisure digs, most recently visiting England where he detected around a 13th century priory. But his biggest joy these days is spending hours in his "backyard."
Anders lives in the Poplar Grove planned development that straddles Charleston and Dorchester counties. With phases still undeveloped, including the 3,500-acre Charles Towne Farms, there is a huge treasure trove for him on the property owned by Southeastern Residential.
Local research has traced the property back to 1696, when it was a working rice plantation named Poplar Grove. Mount Pleasant’s Brockington and Associates, a woman-owned group of archaeologists and historians, found the property had large estate homes that were burned or destroyed during the Civil War, which has led to so many discoveries in one spot.
Vic Mills, CEO of Southeastern, purchased the property for about $14 million 20 years ago from MeadWestvaco. He has since given Anders permission to explore the land that’s still undeveloped.
“(Vic's) entrusted me to to go back there and find as much as I can, because he and I are on the same page with everything,” Anders said. “I felt like a lot of these items needed to stay with the property, and so I asked if I could donate items and basically create a little mini museum.”
Mills, a fellow history buff, was thrilled with the idea. The plan is to publicly display the keepsakes in Southeastern’s new office at the entrance to the community, which Mills said should wrap up by the end of the year.
"We had no idea what we would find, but we were fortunate to have Mark and his associates expressing an interest in doing the research and spending the time on so much of the property for so long," Mills said. "He was able to put together a vast collection of artifacts that clearly identified when they would have been lost on the property going back to the Revolutionary War, throughout the plantation time frame of rice fields and other agricultural functions on the property up until the Civil War."
Anders and Mills agreed that whatever was found would be the property of Poplar Grove.
"We plan to display them and continue to search for additional artifacts in hopes of continuing to build a wonderful collection," Mills said.
Pieces range from generic buttons and splintered pottery to items like a one-of-a-kind engraved “love token.”
“They would take silver coins and rub and rub until they were smoothed, and they would monogram something on them and give them to their love,” Anders said of one coin in particular with the initials J and B.
Buttons with the South Carolina militia and navy emblems shine in its box alongside a pewter button from a member of Gen. George Washington’s Continental Army based in North Carolina. Anders estimates it was worn between 1776 and the early 1780s.
“It has an N at the top and a C at the bottom," he said. "Those are hard to come by. Those are what our guys wore.”
Several cape clasps that held draped fabric to a uniform feature fish etchings and Scottish thistles.
Anders has found barrel taps, thimbles and stirrups.
“These two little things here are apothecary weights,” he said of a pair of tiny metal artifacts. “The druggest, when he’s mixing stuff, had these to weigh the amount of the drug.”
Each item has been meticulously preserved and researched.
For the larger axe heads, Anders enlisted Axel Macon with Lowcountry Relic Recover to restore them and add wooden handles. For the smaller pieces, he has depended on fellow archaeologists, as well as books like "William Washington Cavalryman of the Revolution" by Stephen E. Haller.
With his latest read, "The Oligarchs in Colonial Revolutionary Charleston" by Kinloch Bull Jr., Anders has been able to piece together artifacts possibly owned by Washington’s family.
Metal detectors don’t typically pick up anything larger than 10-12 inches, Anders said, so unless a remnant is a larger object, things buried about two feet or deeper are often lost as land gets backfilled and redeveloped.
“You can see the growth around Charleston and where there are these developments going up and once they're up… that's that's about it,” he said.
In Poplar Grove, much of the land is still untouched, so findings are that much closer to the surface.
The original homeowners were assumed to be wealthy given the Delft China and other ruins on the property.
Anders owes a lot to Mills for allowing him to dig locally, and has even more thanks for his wife for supporting his hobby that extends to digging up artifacts and collecting sports memorabilia.
"A lot of my detecting buddies are somewhat envious," he said with a laugh. "I've got such a relic rich land available to me within my own backyard."