Probate Lawyer in Simpsonville, 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 Simpsonville, 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 Simpsonville, 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 Simpsonville, SC
Probate Lawyer Simpsonville, 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 Simpsonville, 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 Simpsonville, 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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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

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 Simpsonville, 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 Simpsonville, SC

SC's first food truck park is in Simpsonville. Here's how it came to be.

Now, two years later, Justin and Allie Holck can hardly believe their dream is a reality.The idea the two shared in 2022, just after they moved to Greenville from Bend, Ore., has now come to life with the opening of Scuffletown Food Truck Park.Sign up to receive our free newsletter every Thursday to keep you informed on everything happening in the Upstate culinary scene.EmailThe park is the first such dedicated food truck park in South ...

Now, two years later, Justin and Allie Holck can hardly believe their dream is a reality.

The idea the two shared in 2022, just after they moved to Greenville from Bend, Ore., has now come to life with the opening of Scuffletown Food Truck Park.

Sign up to receive our free newsletter every Thursday to keep you informed on everything happening in the Upstate culinary scene.

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The park is the first such dedicated food truck park in South Carolina, Justin said — and if the couple are judging from the opening weekend’s success, it won’t be the last.

“We want to open a couple more food truck parks,” he said. “Saturday was such a validation that this is a concept people really enjoy and love.”

Plans are still underway for a food truck park in Greer, which was announced earlier this year, but the owners are awaiting permitting.

Scuffletown, which sits on just under an acre at 206 Ladean Court near the Walmart Supercenter off Fairview Road in Simpsonville, features six full-time food trucks, a taproom with 21 beers on tap that are served via a self-pour model and a children’s play area.

The trucks are a mix of different styles of food and cuisines from various countries. During opening weekend, Justin tried them all out.

“It’s a very surreal feeling when you come up with an idea in your head and then it comes to life,” he said.

From coffee to food trucks

The idea for a food truck park actually began as an idea for a coffee roastery.

Justin, who is passionate about coffee and beer (he was an avid homebrewer for years), saw an opportunity to supplement his firefighter salary and to start a business of his own.

After getting more acquainted with their new home, the Holcks saw that the coffee market was a bit saturated. However, they saw a distinct lack of food truck parks, something they had enjoyed immensely while living on the West Coast.

With Scuffletown, the Holcks took all the things they loved about food truck parks and built from there. As parents of three children ages 11, 7 and 1 month, they wanted their park to be family-friendly. So, they built a fenced-in area for kids to play with a play structure, small climbing wall and a huge sand box.

Justin loved beer but detested having to wait in long lines to get one, thus the self-pour tap system. The tap allows multiple people to serve themselves at the same time. And you can get the exact amount you want.

As for the food, Justin spent a lot of time tasting and then tasting some more to find the right trucks. The goal was to offer both variety but also quality. The six trucks feature everything from Colombian-style burgers in toston, chicken wings, brisket sandwiches, Caribbean-inspired tacos, birria and donut sundaes.

The featured trucks have a one-year contract to be part of the park. Temporary trucks will fill in as needed, he said, but the hope is that there is enough variety that people can come back day after day and try something new.

“You can come here every day of the week, and it would still take you a good month or two to try everything on their menus,” he said.

Food trucks:

Half Rooted – Colombian specialties like empanadas, toston, yuca fries and a Colombian burger

BirriaBoy – Birria tacos, burritos, quesadillas and more

One Love Fusion Foods – Asian-tinged rice bowls, tacos and nachos

Duck Donuts – get one, a half dozen, or a dozen

Rad Dad’s BBQ – classic barbecue plates and sandwiches and sides

Too Sac’D Up – a variety of chicken wings with classic and new flavors

A passion for food, beer and community

It wasn’t that Justin set out to own a food truck park, but more that he saw a need and a chance to do his own thing while melding his interest in food and beer.

At one point he thought about going to culinary school but realized that while he enjoyed cooking for his family, he didn’t want to cook for a living.

After 12 years in the Air Force as a firefighter and then a couple years working as a civilian firefighter, a job he loved, he was ready for a change.

He officially retired from firefighting two weeks ago to focus on Scuffletown fulltime. He manages the taproom and the food truck park, while each individual food truck manages their own hours.

It’s hard to believe the trajectory of life over the past two years, but when he considers it, he feels immensely humbled and fulfilled.

“We want to be able to create a space for a sense of community and a place that supports local,” Holck said. “It’s really exciting to see people able to spend more time with their families and friends.”

For specifics about hours and menus, visit www.scuffletownsc.com

Note that each food truck sets its own hours of operation.

South Carolina: 400 cyclists take off for the 16th annual Alzheimer's Association's Ride to End Alz

SIMPSONVILLE, S.C. —Four hundred cyclists took off on Friday, June 12, for the 16th annual Alzheimer's Association's Ride to End Alz.The 257-mile trek starts at Heritage Park in Simpsonville and ends in Charleston.For one return rider, Cory Donovan, the fundraiser hits close to home."My mom was diagnosed with early onset Alzheimer's, four years ago, and when I heard about it, it felt like it was something that I could do, that I could actually do, something that could actually make a di...

SIMPSONVILLE, S.C. —

Four hundred cyclists took off on Friday, June 12, for the 16th annual Alzheimer's Association's Ride to End Alz.

The 257-mile trek starts at Heritage Park in Simpsonville and ends in Charleston.

For one return rider, Cory Donovan, the fundraiser hits close to home.

"My mom was diagnosed with early onset Alzheimer's, four years ago, and when I heard about it, it felt like it was something that I could do, that I could actually do, something that could actually make a difference," Donovan said.

It is also a cause our team at WYFF 4 is passionate about after our former anchor, Geoff Hart, was diagnosed with Alzheimer's disease a few years ago.

Geoff Hart rides again with WYFF News 4's Team HartStrong in Ride to End ALZ

That's why our team HartStrong has returned this year for its third year in a row, despite the intense heat that is set to blanket the Southeast during the ride.

"We may be uncomfortable riding in this heat, but it's nothing compared to the suffering that the people with the disease and their families go through every day," WYFF staffer Anne Newman said. "If I have to be uncomfortable for the next three days pedaling in this heat, so be it."

This South Carolina Ride to End Alz is the leading fundraising ride across the nation.

Ride to End Alz Director Jerry Chapman said it is because of the number of returning riders.

"Once you do it, you get, you get the bug and you don't want to miss it," Chapman said. "It's that three-day [ride], it builds camaraderie."

Last year, the ride raised over $1 million.

WYFF 4 Team Hartstrong pedals for funds to End ALZ in ride across South Carolina

This year, the South Carolina chapter of the Alzheimer's Association hopes to raise $1.5 million.

If you would like to donate, you can do so on the South Carolina chapter of the Alzheimer's Association's website.

Greenville County June 11 primary election: Here’s who is on the ballot

Originally published May 21, 2024Two U.S. House of Representatives seats and a variety of county and state positions are up for grabs on Greenville County ballots in the 2024 elections.The primary election is June 11, and the general election is Nov. 5. For more information, visit greenvillecounty...

Originally published May 21, 2024

Two U.S. House of Representatives seats and a variety of county and state positions are up for grabs on Greenville County ballots in the 2024 elections.

The primary election is June 11, and the general election is Nov. 5. For more information, visit greenvillecounty.org/voterregistration.

Here are the candidates appearing on primary ballots across Greenville County:

U.S. House of Representatives

Republican Party

Democratic Party

Alliance Party

Note: This seat is currently held by Rep. Jeff Duncan, who is not seeking reelection.

Republican Party

Constitution Party

Democratic Party

General Assembly

Republican Party

Republican Party

Republican Party

Democratic Party

Republican Party

Democratic Party

Republican Party

Democratic Party

Republican Party

Democratic Party

Republican Party

Republican Party

Republican Party

Republican Party

Republican Party

Democratic Party

Republican Party

Republican Party

Republican Party

Republican Party

Democratic Party

Republican Party

Republican Party

Democratic Party

Democratic Party

Libertarian Party

Republican Party

Democratic Party

Republican Party

Democratic Party

Republican Party

Democratic Party

Republican Party

Democratic Party

Republican Party

Greenville County

Republican Party

Republican Party

Republican Party

Republican Party

Republican Party

Republican Party

Republican Party

Republican Party

Democratic Party

Republican Party

Constitutional Party

Democratic Party

Republican Party

Early voting for the primary election was May 28 through June 7 at six locations throughout Greenville County, including:

Some polling places changed in Upstate for June primary

GREENVILLE, S.C. (FOX Carolina) - If you’re heading to the polls to vote in South Carolina’s Primary Election, make sure your polling location hasn’t changed!The Greenville and Pickens County Election commissions said the following location changes will be in effect for the June 11 primary and June 25 runoff elections if needed.Greenville County:PRECINCTNORMAL LOCATION THAT IS MOVEDOLD ADDRESS THAT IS MOVEDNEW LOCATION FOR JUNENEW ADDRESS FOR JUNE...

GREENVILLE, S.C. (FOX Carolina) - If you’re heading to the polls to vote in South Carolina’s Primary Election, make sure your polling location hasn’t changed!

The Greenville and Pickens County Election commissions said the following location changes will be in effect for the June 11 primary and June 25 runoff elections if needed.

Greenville County:

PRECINCTNORMAL LOCATION THAT IS MOVEDOLD ADDRESS THAT IS MOVEDNEW LOCATION FOR JUNENEW ADDRESS FOR JUNE
Greenville 3Summit Dr Elementary School424 Summit Dr Greenville SC 29609League Academy125 Twin Lake Rd Greenville SC 29609
Greenville 28Greenville Middle School339 Lowndes Ave Greenville, SC 29607Overbrooke Baptist Church1705 E North St Greenville SC 29607
Greenville 7West Greenville Recreation Center8 Rochester St Greenville SC 29611Alexander Elementary School1601 W Bramlett Rd Greenville SC 29611
Circle CreekCross Roads Baptist Church705 Anderson Ridge Rd. Greer SC 29651Oakview Elementary School515 Godfrey Rd Simpsonville SC 29681
Fork ShoalsFork Shoals Elementary School916 McKelvey Rd Pelzer SC 29669Canebrake Fire Station Hdqt1810 Fairview Rd Fountain Inn SC 29644
Mountain ViewMountain View Elementary School6350 Mountain View Rd Taylors SC 29687Skyland Elementary School4221 N Highway 14 Greer SC 29651
Simpsonville 4Renovation Church611 Richardson St. Simpsonville SC 29680Plain Elementary School506 Neely Ferry Rd. Simpsonville SC 29680
Ware PlaceEllen Woodside Elementary School9122 Augusta Rd Pelzer SC 29669Valley Brook Outreach Baptist Church8323 Augusta Rd Pelzer SC 29669

Pickens County:

PRECINCTNEW LOCATION FOR JUNENEW ADDRESS FOR JUNE
GriffinDacusville Community Center2671 Earls Bridge Rd Easley SC
East LibertyRosewood Center419 E Main St Liberty SC
PickensvilleGlenwood Baptist Church325 Saco Lowell Rd Easley SC
EasleyGlenwood Baptist Church325 Saco Lowell Rd Easley SC
CrestviewRock Springs Baptist Church310 Rock Springs Rd, Bldg H Easley, SC
Crescent HillNorthside Baptist Church421 Sangamo Rd Pickens SC
McAlisterRock Springs Baptist Church310 Rock Springs Rd, Bldg H Easley SC
A R LewisConcord Baptist Church723 Concord Church Rd Pickens SC
PumpkintownPumpkintown Rural Fire Dept. #14205 Pumpkintown Hwy Pickens SC

Copyright 2024 WHNS. All rights reserved.

Rooftop pizza in Simpsonville, Scoundrel gets into ‘Mischief’: Weekly Dish

It’s the season for outdoor seating. Look no further — the Weekly Dish has you covered …***The Slice in Simpsonville has officially opened its rooftop dining space. The pizza purveyors first announced the intent to open a rooftop terrace in February 2023. Just more than a year later, it’s officially here.The 1,700-square-foot ...

It’s the season for outdoor seating. Look no further — the Weekly Dish has you covered …

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The Slice in Simpsonville has officially opened its rooftop dining space. The pizza purveyors first announced the intent to open a rooftop terrace in February 2023. Just more than a year later, it’s officially here.

The 1,700-square-foot rooftop holds up to 150 people, offering a potential new hangout spot in the Golden Strip. Fans of the restaurant can look forward to an upstairs bar and live music. The full menu will be available until 9 p.m., with light bites and pizza available until closing at 11 p.m.

The pizzeria is also expected to open its second location, The Slice 2.0, in Fountain Inn this summer. The Slice is located at 134 S. Main St., Simpsonville.

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The Village of West Greenville got a new neighborhood bar in Driftwood.

The bar offers light bites and tasty drinks, with its focus being more of a social gathering place than a restaurant.

Some highlights from the menu include Castelvetrano olives drizzled with olive oil, oregano and a touch of citrus; and burrata served with grill-toasted bread. If you are hankering for a weekend cocktail, Driftwood leans into the classics.

Driftwood is located at 12 Lois Ave. and is open Wednesday through Saturday from 4 p.m. to 10 p.m., and Sunday from noon to 5 p.m. Outdoor seating and parking is available.

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Beginning May 8, North Markley Street’s Urban Wren will offer an option called “A Walk in the Garden.” The meal is derived directly from chef Taylor Montgomery’s farm in North Carolina, Montgomery Sky Farm, which partners with the restaurant.

As a bonus to the farm-to-table meal, guests who choose the featured option will get a take-home tote bag of produce from the farm. The offerings will change based on the season.

Urban Wren is located at 116 N. Markley St. in downtown Greenville.

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Just up the road on South Main Street, Scoundrel’s Joe Cash will team up with former kitchen mates Sungchul Shim and Thomas Raquel for Scoundrel’s dinner series “Friends in Mischief.”

Cash, Shim and Raquel worked together in New York’s Per Se. Shim also worked at Michelin-starred restaurants Kochi and Mari in New York City.

The chefs will put together two six-course dinners, which will take place May 8 and May 9. There will be two seatings: one at 5:30 p.m. and one at 8:30 pm.

Tickets are available on Resy at resy.com/cities/greenville-sc/venues/scoundrel.

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