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 Ridgeland, 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 Ridgeland, 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 Ridgeland, 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 Ridgeland, 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 Ridgeland, 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 Ridgeland, 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.
RIDGELAND, S.C. —A World War II veteran reached a milestone few will ever see, celebrating his 100th birthday surrounded by family, friends and fellow veterans at Operation Patriots FOB in Ridgeland, South Carolina.Sam Hollis, drafted into the Army at 17, served in the European Theater in Normandy, France, as part of a Replacement and Supply Command, supporting frontline troops.The celebration drew a crowd of well-wishers who lined the property with flags and cheers, including Hollis’ daughte...
RIDGELAND, S.C. —
A World War II veteran reached a milestone few will ever see, celebrating his 100th birthday surrounded by family, friends and fellow veterans at Operation Patriots FOB in Ridgeland, South Carolina.
Sam Hollis, drafted into the Army at 17, served in the European Theater in Normandy, France, as part of a Replacement and Supply Command, supporting frontline troops.
The celebration drew a crowd of well-wishers who lined the property with flags and cheers, including Hollis’ daughter, Kathryn Hollis Peters.
“The perseverance that he had, the dedication that he had, the love that he had for his country, for his family…he just didn’t know any other way than to make it happen,” Peters said.
Hollis, who has been married to his wife Mary for 69 years, said his greatest pride comes from his family. Asked for the secret to a long life, he said,
“Keep trucking along. Don’t give up. And live the best life you can, and with God’s help, you know that everybody gets through it in one way or the other.” said Hollis
JR Brown, founder and CEO of Operation Patriots FOB, a nonprofit supporting veterans, said Hollis represents a vanishing generation.
“There’s not a lot of World War II veterans left. He is representing all of those men and women that served in that war,” Brown said.
Operation Patriots FOB, which celebrates its fifth anniversary this month, has welcomed more than 40,000 visitors to its property and has reported zero suicides among the veterans it serves.
Hollis is scheduled to be the guest of honor at the nonprofit’s “Dinner for the Heroes” in Hilton Head on Nov. 8.
Tickets to support the event are available here.
RIDGELAND, SC (WTOC) - For over a decade, Hardeeville and Ridgeland were united as one. That changed last year when the two schools split. But this year will be the first time their football teams face off since that split. And as this week’s Game of the Week, WTOC will have all of the action from it on The End Zone Friday night.Hardeeville enters the matchup on a four-game losing skid, but while the wins have been tough to find, the team feels they continue to improve week after week.A new twist to the lineup this Friday...
RIDGELAND, SC (WTOC) - For over a decade, Hardeeville and Ridgeland were united as one. That changed last year when the two schools split. But this year will be the first time their football teams face off since that split. And as this week’s Game of the Week, WTOC will have all of the action from it on The End Zone Friday night.
Hardeeville enters the matchup on a four-game losing skid, but while the wins have been tough to find, the team feels they continue to improve week after week.
A new twist to the lineup this Friday features freshman quarterback Kyrin Jamison starting under center, a move his teammates and coaching staff have full confidence in, as they head into this crosstown rivalry in search of a much-needed win.
“A win Friday night would be huge, not simply because of the rivalry, but it’s also a region game, and that’s the most important thing that we are striving for, is to do well in the region because that’s a big implication on playoff seedings,” said Hardeeville head coach Arthur Gardner. “But of course, you can’t undermine the rivalry.”
“It’s the big talk around town this week,” said Hardeeville senior receiver and cornerback Camari Brown. “It’s been the big talk since the summer, so I feel like it will mean a lot to all of us. Every time (we’re) in school, we’re always saying we’re waiting for Ridgeland, and we’re ready for the game. Everybody is just ready for Friday.”
Over on the home sideline, Ridgeland is just as amped up for the first installment of this rivalry game, but they’re doing their best to keep a level head and approach it as any other region game.
The Jaguars got their first win of the season in dominant fashion last week (a 70-20 win over Burke) and will be hoping to ride that momentum into Friday’s matchup.
Head coach Reginald Alexander said he was happy to see his team’s run game come alive last week, but he still needs his guys to fine-tune other aspects of the game.
“(We need to be) a little bit more disciplined,” said Alexander. “We’re still making little mistakes -- missing a block here, pick up a penalty here. I’d really like to see that cleaned up. We’ve been telling them all week, we understand you have friends over there, we understand you guys hang out together, but at the end of the say, we do have a game to play, so keep it level, just follow the rules, and play the game.”
“There’s always work to be done,” said Ridgeland senior linebacker Michael Rodriguez. “Like Coach says, stay disciplined, stay level-headed, put the work in day in and day out, and we should be fine.”
Kickoff between Hardeeville and Ridgeland is set for 7:30 p.m. at Jaguar Stadium.
RIDGELAND — Town Manager Dennis Averkin sounded like he was ready to bring the issue to a close, one way or the other.He opened the Sept. 18 town council meeting noting that it had been two years, 11 months and 12 days since the first public hearing on a proposed annexation of the Tickton Hall property. But who’s counting?“We’re gathered here tonight to consider this,” Averkin said.The “this” he was referring to was a trio of requests related to the annexation and development of ...
RIDGELAND — Town Manager Dennis Averkin sounded like he was ready to bring the issue to a close, one way or the other.
He opened the Sept. 18 town council meeting noting that it had been two years, 11 months and 12 days since the first public hearing on a proposed annexation of the Tickton Hall property. But who’s counting?
“We’re gathered here tonight to consider this,” Averkin said.
The “this” he was referring to was a trio of requests related to the annexation and development of the 1,400-acre Tickton Hall property in Jasper County. Despite nearly three years of consideration, the matter never made it as far as an up-or-down vote by council.
After a contentious meeting on the project in late July, Averkin told The Post and Courier that he was ready for a decision.
The plan for Tickton Hall, which was spearheaded by Hilton Head-based developer Robert Graves, called for about 2,000 homes and 250,000 square feet of commercial space on the parcel bordered to the west by S.C. Highway 462, to the south by Bolan Hall Road and limited on the north and east sides by Euhaw Creek.
It’s a verdant, wooded property in a mostly rural corner of Jasper County that’s notable as the home of South Carolina’s newest state forest. Following The Nature Conservancy’s acquisition of 2,700 acres of the Chelsea Plantation just to the south of Tickton Hall, the S.C. Forestry Commission will take ownership of the property and eventually open it to public recreation.
Like Tickton, Chelsea also was targeted by a years-long development effort until the purchase by the conservancy took the property off the chopping block.
Tickton’s location was a source of concern for opponents of the plan. Located more than nine miles from downtown Ridgeland, there were unanswered questions about how services would be provided to the community should it get built.
“How do you make this leap of faith that all of this will be done, or we’ll deal with it later,” Averkin said. “I don’t have a good comfort level with that.”
According to Jasper County Administrator Andy Fulgham, County Council declined to even consider providing fire service for the community. Yet going into the vote, that question remained unresolved.
As council debated, first-term Councilmember Libby Malphrus took the position that approving the annexation without answers on key topics would violate South Carolina law.
“We would not be following state statute to annex a property if we cannot provide all the details. The details matter,” Malphrus said.
Mayor Joey Malphrus expressed a similar sentiment, saying that three years ago he had an open mind on the project, but the number of remaining uncertainties was troubling.
Councilmember Bill Fishburne had less of an issue with the plan’s uncertainties, arguing that the expense incurred in figuring out all of those details was prohibitive, particularly if the developer was undertaking that expense with no guarantee that the project would be approved.
“I don’t think anybody would spend that money to get to that point,” Fishburne said.
Two hours into the meeting, Joey Malphrus restated his motion to deny the annexation. Two years, 11 months and 12 days after the first public meeting, it was finally time for a vote.
By a show of hands, the council denied the annexation 4-1. Fishburne cast the lone dissenting vote.
“Given the strong community opposition and many holes in the development agreement, we commend Ridgeland leaders and staff for rejecting this potentially devastating proposal,” wrote Grant McClure, senior project manager for the Coastal Conservation League.
At this point, it’s unclear what the future holds for Tickton Hall. Neither Graves nor his attorney, Barry Johnson, responded to a request for comment before publication. Graves must wait a year before he can again approach the town with a request for annexation.
Speaking after the meeting, Libby Malphrus called the vote a victory for many in the community.
“We often hear with development that there’s no stopping it. You might as well just give up. The vote shows the power of the community coming together in a grassroots effort to stop overdevelopment. It was powerful,” she said.
Keep Chelsea Rural, a grassroots organization, led the opposition to the project, putting up billboards and running social media campaigns to raise awareness of the vote.
In an email to The Post and Courier, Keep Chelsea Rural Steering Committee member Ashley Rhodes wrote, “Tickton Hall is more than acreage. It is a vital thread in the historical and natural fabric of our community. Its unique character, its ecological significance, and its role in defining the beauty of our region are irreplaceable.”