Probate Lawyer in Seabrook Island, 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 Seabrook Island, 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 Seabrook Island, 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 Seabrook Island, SC
Probate Lawyer Seabrook Island, 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 Seabrook Island, 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 Seabrook Island, 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 Seabrook Island, 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 Seabrook Island, SC

Seabrook Islanders respond to proposed short-term rental cap ordinances

Updated: Oct. 15, 2024 at 6:26 PM PDTSEABROOK ISLAND, S.C. (WCSC) - The town of Seabrook Island is looking to cap the number of short-term rentals, but the limits could change depending on the area where one lives.The island says short-term rentals have been a debate for years, especially since a first-ever short-term rental committee formed in the beginning of this year.Si...

Updated: Oct. 15, 2024 at 6:26 PM PDT

SEABROOK ISLAND, S.C. (WCSC) - The town of Seabrook Island is looking to cap the number of short-term rentals, but the limits could change depending on the area where one lives.

The island says short-term rentals have been a debate for years, especially since a first-ever short-term rental committee formed in the beginning of this year.

Since then, the committee has had nearly 20 meetings, including four public hearings of their own, to work on what they should bring to town council before any possible ordinance is passed.

READ MORE: Code enforcement reports show violations of short-term rentals on Seabrook Island

READ MORE: Seabrook Island short-term rental petition won’t change outcome, town says

A packed room full of Seabrook owners, renters and STR committee members had their final opportunity on Tuesday to speak publicly in front of the town council.

Seabrook resident Paul McLaughlin has been following the fight since the beginning, hoping the town will put a cap in place.

“If the mayor’s proposals are adopted, which contradicts everything he placed to do, Seabrook will turn into a soulless community made up of transient, housing and occupants, coming and going,” McLaughlin said.

Another resident, Phil Squire, thinks otherwise.

“Putting a cap on rental properties on Seabrook is the worst idea that anybody on Seabrook has proposed,” Squire said.

Seabrook Island’s town administrator, Joe Cronin, says the town has heard at least 600 comments, both written and in-person, since the start of this year on the STR debate. And even after months of conversation, folks are still divided.

“I think, mostly, there’s an effect on our community’s quality of life,” Seabrook Island Property Owners Association Executive Director Heather Paton said.

Resident Teresa Grace has owned on Seabrook Island since 2020 after being a long-time renter. She encourages others to recognize that tourism is what helps the island grow in the long run.

“I wouldn’t be here if I didn’t get the rent for 20 years,” Grace said.

Right now, no STR cap exists on the island. But the proposed ordinance would create two separate caps. In the proposed “overlay district,” which includes townhomes, cluster homes, condos and single-family homes closest to the beach, the cap would be set at 540 short-term rentals. In all other residential areas, which are exclusively single-family areas, the cap would be 105.

Overall, about 25% of the island would be made up of short-term rentals, if this is passed.

“This is where most of the problems with STRs exist,” resident Terrance Little said. “So, if anyone deserves relief from the negative impact of commercial rental activity, it is the full-time residents in these areas.”

The town is also considering changing the rates for STR permits and establishing regulations on trash, illegal dumping, parking and more.

Short-term rental committee members Deb Lehman, Nancy Buck and Ted Johnson all spoke Tuesday during public comment. Buck and Johnson mainly stressed how important it was that they all reach a decision sooner rather than later.

“I hope the divisiveness on this island ends because this is our slice of heaven,” Buck said. “I don’t care what anybody says about quality of life. You try to find a better place to live than Seabrook Island.”

Cronin says he expects the first reading on the ordinances to take place on Oct. 28 with the final reading in November.

“I don’t think anybody is going to get 100% of what they ask for,” Cronin said. “But I think there’s opportunities for people to see benefits and the final product that comes out of this process.”

Read below for a description on the four proposed ordinances.

STR Public Hearing - 10-15-24 - Agenda by Live 5 News on Scribd

Copyright 2024 WCSC. All rights reserved.

Porter Earns First CGA Win at Carolinas Senior Amateur

Event: 63rd Carolinas Senior Amateur ChampionshipHost Site: Seabrook Island Club (Ocean Winds), Seabrook Island, S.C.Playing Dates: September 10-12, 2024Social Media: @CGAgolf1909Related: Championship Website | Scoring...

Event: 63rd Carolinas Senior Amateur Championship

Host Site: Seabrook Island Club (Ocean Winds), Seabrook Island, S.C.

Playing Dates: September 10-12, 2024

Social Media: @CGAgolf1909

Related: Championship Website | Scoring | History | Photos

LOCATION – Seabrook Island, S.C.

It was a beautiful week at Seabrook Island Club for the 63rd Carolinas Senior Amateur Championship. Lee Porter of Pinehurst, N.C. carded rounds of 73-71-69 to finish at a three-day total of 213, 3-under to take home the trophy.

Round 1 was the perfect day with sunny skies for all players. Porter had two birdies on his scorecard for Round 1, and he came in with a 73, 1-over, two strokes off the lead. After Round 1, Jeff Jamieson of Cary, N.C., Casey Smith of Abbeville, S.C., and Christopher Ingram of Winston-Salem, N.C., shared the top spot on the leaderboard at 1-under.

In Round 2 on Wednesday, cloudy skies greeted our morning wave and stuck around all day for the afternoon wave as well. Porter had another solid day of golf given the strong winds and tight fairways, coming in under par for the day with a 71, 1-under to put him at even-par for the tournament after two rounds.

Heading into the Final Round, Larry Cloninger of Gastonia, N.C. had the lead by himself at 3-under. Cloninger had an impressive bogey-free second round with three birdies to shoot 3-under for the day to give him the solo lead. Two strokes behind him was Yancey Johnson of Simpsonville, N.C., at 1-under, and Porter was another stroke back in third place at even.

“I had never been here before, but this was a great golf course in excellent condition. It was on the tighter side and the wind definitely made it more challenging,” Porter shared regarding playing at Seabrook Island Club’s Ocean Winds course.

A colorful sunrise and rainbow greeted us first thing in the morning for the Final Round on Thursday before the clouds rolled in. The competition was fierce and full of surprises throughout the day as many players came in and out of the top of the leaderboard.

Porter began the day strong with birdies on holes 1 and 5. Through five holes, Porter sat just one stroke back from Cloninger who remained at 3-under. As the final couple of groups made the turn, Cloninger made his way to 4-under and Eddie Hargett of Blythewood, S.C. climbed up the leaderboard to second place at 1-under. Porter made the turn at even-par.

Porter bounced back with birdies on 11, 13, and 14 to make his way back up to the top. Through 14 holes, Porter, Cloninger, and Hargett were all tied for the lead at 3-under, making it an exciting finish coming down the stretch. With a birdie from Porter on 16, he jumped to 4-under. Coming down the 18th fairway, Porter had a one-stroke lead over Hargett and Cloninger. After hitting the green, he needed to two-putt for par to secure the win, and he did just that.

“I definitely struck the ball very well. Luckily the putter cooperated today a little bit more.”

This win is Porter’s first CGA championship title. “Since I got back to playing golf, the guys that I’ve met and played with have been very meaningful. And especially with Jack retiring, to get a win under his watch is very special to me.”

Hargett finished in second place at 2-under, and Cloninger finished in third place at 1-under.

The Carolinas Golf Association would like to thank Director of Golf Brian Thelan, Head Superintendent Sean Hardwick, Ocean Winds Superintendent Brian Drinkard, and the rest of members and staff of Seabrook Island Club for a fantastic week.

About the Carolinas Golf Association (CGA)

The CGA is a 501(c)(3) not-for-profit educational organization founded in 1909 to promote and protect the game of golf in the Carolinas by providing competitions, education, support, and benefits to golf clubs and golfers. The CGA is one of the largest golf associations in the country, with over 700 member clubs represented by over 200,000 individuals.

The CGA annually conducts 48 championships and five team match competitions for men, women, juniors, and seniors. It also runs over 150 One-Day (net and gross) events and qualifying for USGA national championships. The CGA serves golf in the Carolinas with numerous programs such as: the USGA Handicap System; tournament management software and support; course measuring and course/slope ratings; agronomy consultation; answers about the Rules of Golf, Rules of Amateur Status, and Handicapping; Carolinas Golf Magazine; Interclub series; Tarheel Youth Golf Association; Carolinas Golf Hall of Fame; expense assistance for USGA Junior and Girls' Junior qualifiers from the Carolinas; and the Carolinas Golf Foundation (CGF). The CGF has distributed over $3,000,000 since 1977 to benefit Carolinas' golf initiatives, including junior, women and adaptive programs.

For more information about the Carolinas Golf Association, follow @cgagolf1909 on Instagram, Twitter, Facebook, and TikTok, or visit our websitewww.carolinasgolf.org/

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