Probate Lawyer in Summerville, 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 Summerville, 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 Summerville, 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 Summerville, SC
Probate Lawyer Summerville, 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 Summerville, 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 Summerville, 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 Summerville, 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 Summerville, SC

The Summerville Light, an iconic local ghost story, might finally have an explanation

SUMMERVILLE — In December 1974, a News and Courier reader wrote to the newspaper's Action Line column with a question."Did anyone ever decide what caused the ghost l...

SUMMERVILLE — In December 1974, a News and Courier reader wrote to the newspaper's Action Line column with a question.

"Did anyone ever decide what caused the ghost lights at Summerville?"

Answer: "Not that Action Line can find out."

Action Line, which answered a range of reader questions covering everything from spectral sights to how to read an electric meter, is long gone, replaced by Google and other search engines. But the modern-day Post and Courier might finally have an answer to that reader's question — 50 years and one month later. Better late than never.

A new research letter published in the journal Seismological Research Letters proposes that the Summerville Light isn't some ghost from beyond the grave, but a result of the seismic forces at play under the Dorchester County town.

The legend of the Summerville Light dates back at least to the 1950s. Specifics vary, but the most popular telling involves a woman who awaited her husband's return from work each evening along the railroad tracks on what is now Sheep Island Road. They'd walk home together through the dark South Carolina nights.

But one day, the man was beheaded in a train derailment. Now the woman exists in an eternal limbo, awaiting someone who will never arrive. The spooky lights along the track are her lantern, which once guided the couple back home each evening.

Susan Hough, the article's author and a scientist in the U.S. Geological Survey's Earthquake Hazards Program, said there's a down-to-earth explanation for the phenomenon. (Or more accurately, a below-the-earth explanation.)

Running under Summerville there is a fault line, fittingly named the Summerville Fault. After researching the fault for other studies, she noticed a trend. The light sightings tended to coincide with periods of seismic activity in the area. She theorizes that those events might have released gases from the fault line, which then interacted with the static charges from metal along the rail track, creating a light on the horizon.

The quakes, which were too small to be noticed by humans, might explain a significant amount of ghostly activity observed in Summerville at the time.

"Seismology can't really weigh in on whether ghosts are real; that's a whole other kettle of fish," Hough said. "But a lot of the accounts from Summerville just scream earthquake phenomenon, starting with the lights. Then there's other accounts of noises being heard upstairs, doors swinging, people feeling unsettled. They're almost textbook descriptions of shaking that's at the edge of human perceptibility."

The Summerville Light also fits a trope of the ghost that haunts a railroad track, variations of which can be seen in folklore across the world.

"When you start looking around, it turns out there's any number of ghosts wandering around railroad tracks with lanterns looking for severed heads," she said. "There's kind of an epidemic of them."

The trope has a second local example: the Jacksonboro Light. Found in a tiny, unincorporated Colleton County community, that specter shares a lot of similarities with the Summerville Light.

Those lights have also been seen near a railroad, and in an area close to a fault line. Even the stories are similar — although in Jacksonboro it's a preacher who gets hit by a train after using his lantern to search for his lost daughter.

"Why are the ghosts carrying lanterns along railroad tracks?" Hough continued. "It sort of suggests that the railroad tracks are an important ingredient to get the light."

The Summerville Light does have at least one possible connection to a real-world horrific disaster — the great Charleston Earthquake of 1886, which likely was the fault's fault.

Hough, an expert on the 1886 earthquake, noted in a study she co-authored in 2023 that there is no broadly agreed-upon fault line that caused that quake. But her research suggest the Summerville Fault was probably the offender.

The quake is considered one of the worst natural disasters in Charleston's history. Exact death counts vary, but the event claimed the lives of at least 60 people. Around an estimated Magnitude 7, its shockwaves were registered as far away as Wisconsin, according to the USGS.

Cracks and damage caused by the earthquake still can be found in historic structures across the city. Covered in 140 years of plaster and paint, those scars are yet another ghost that haunts the region.

Follow Jonah Chester on Twitter @chester_jonah.

Frequent reports of ‘ghost’ light in South Carolina may be more than myth, study says

Enduring folklore of “ghost lights” haunting a Lowcountry town in South Carolina may be more fact than myth, a new study suggests.However, the so-called “Summerville Light” isn’t the work of a ghost, according to ...

Enduring folklore of “ghost lights” haunting a Lowcountry town in South Carolina may be more fact than myth, a new study suggests.

However, the so-called “Summerville Light” isn’t the work of a ghost, according to Susan E. Hough, a geophysicist with the U.S. Geological Survey.

She suspects it’s a real, but little-understood phenomenon known as earthquake lights, which flash, glow or spark when “deep earth gasses” rise and become electrically charged.

“Lore holds that a strange light sometimes seen in a remote area is a lantern carried by the ghost of a woman who once waited hours for her husband to return,” Hough wrote in a Jan. 22 article in the Seismological Society of America.

“I suggest that many if not all of the anecdotal observations can be most readily attributed to natural phenomena, including earthquake lights from earthquakes that were too small to be felt.”

Summerville is about a 25-mile drive northwest of Charleston, and her theory comes at a time when small earthquakes continue in the region. The U.S. Geological Survey reports there have been 158 documented earthquakes around Charleston since Jan. 1, 2000.

Some scientists believe the continued shaking stems from aftershocks of a devastating 6.7- to 7.3-magnitude quake that hit Charleston 139 years ago.

Tales of Summerville’s ghost light or ghost lantern “began to circulate in the 1950s to 1960s,” Hughes said.

“So pervasive was the lore that (Old) Sheep Island Road became known among local residents as Light Road, with a local stretch of road known today as Old Light Road,” she noted.

Hughes theorizes shallow earthquakes in the Summerville area could be releasing “a water-soluble gas like radon or methane that was then ignited by a spark of static electricity or rock movement.”

Abandoned railroad tracks and even scrap metal could have been a catalyst for the sparks, she said.

Earthquake lights were largely ignored by scientists until photo evidence began to show up in the 1960s.

Even now, the USGS says no one is sure what causes the phenomenon, known as EQL.

“Geophysicists differ on the extent to which they think that individual reports of unusual lighting near the time and epicenter of an earthquake actually represent EQL,” the USGS says.

“Some doubt that any of the reports constitute solid evidence for EQL, whereas others think that at least some reports plausibly correspond to EQL. ... Some reports of EQL have turned out to be associated with electricity arcing from the power lines shaking.”

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South Carolina

March 27, 2024 8:16 AM

'Inclusive' gym coming to Summerville

A new gym, Moe’s Fitness, is coming to 10150 Dorchester Road and owner Britney Mahoney said its uniqueness is in its inclusivity.“Inclusive means that we’re pretty much welcoming anybody, any fitness level,” Mahoney said. “It’s not a CrossFit gym, it’s not geared toward yoga, it’s not geared toward one thing. It is a gym that is there for everybody, so for any fitness level, male, female, younger, or older, we want to make it an atmosphere where you feel comfortable.”Mahoney...

A new gym, Moe’s Fitness, is coming to 10150 Dorchester Road and owner Britney Mahoney said its uniqueness is in its inclusivity.

“Inclusive means that we’re pretty much welcoming anybody, any fitness level,” Mahoney said. “It’s not a CrossFit gym, it’s not geared toward yoga, it’s not geared toward one thing. It is a gym that is there for everybody, so for any fitness level, male, female, younger, or older, we want to make it an atmosphere where you feel comfortable.”

Mahoney explained the gym’s mission is creating a welcoming and empowered environment where members do not feel overwhelmed or scared but are welcomed and empowered to reach their goals.

The gym will have personal trainers on site and online training options via an app, with trainers creating workout plans for members to complete independently. Additionally, the gym will be open 24/7 to accommodate people’s schedules. Screenings to locate imbalances will be available for those interested in corrective exercises to help with problems such as pain.

“Everybody has different lifestyles, and Moe’s is there for every lifestyle, and we don’t want you to skip your workout,” Mahoney said. “We want you to find the time to do it, and we want to be more like a community place where people feel like they can meet people there. They feel like they’re a part of something. Even if they don’t want to come work out, they can have a cup of coffee, maybe hang out, talk to some people, maybe talk to some staff. We want to make it an environment where it’s not just about the fitness part of it. That’s a bonus, but it’s about coming together with people in the community and a centralized spot and helping out other small businesses around the community.”

Mahoney explained the owners would collaborate with local farms for a monthly farmer’s market to support other small businesses. Additionally, they have partnered with natural energy drink and wellness companies.

“We are a family run gym,” Mahoney said. “We both have over 20 years of experience in the fitness industry, and we moved here from New Jersey, so we’re opening a fitness center. We’ve been here for three years and are excited to be a part of the community and help make them fit at any age.”

A soft opening for Moe’s Fitness is scheduled for President’s Day weekend. Memberships are priced on a sliding scale with special pricing for military members, seniors, individuals and others.

For more information, visit the Moe’s Fitness Facebook page.

The ‘Ghost’ Haunting This South Carolina Town Might Have an Earthly Explanation, Scientist Says

In Summerville, South Carolina, a mysterious light has been seen hovering over old railroad tracks. Legend has it, it’s the glow of a lantern lighting the path of a ghost searching for her decapitated husband.Now, a seismologist has offered a scientific explanation for the floating orb: earthquakes. Susan Hough at the United States Geological Survey (USGS) published her idea in a research article late last month in ...

In Summerville, South Carolina, a mysterious light has been seen hovering over old railroad tracks. Legend has it, it’s the glow of a lantern lighting the path of a ghost searching for her decapitated husband.

Now, a seismologist has offered a scientific explanation for the floating orb: earthquakes. Susan Hough at the United States Geological Survey (USGS) published her idea in a research article late last month in Seismological Research Letters.

Hough was studying the area’s seismology, scouring old records with references to the “Summerville Light,” while trying to pinpoint the source of the destructive 1886 earthquake in Charleston. Then, she read a Halloween-themed USGS newsletter on spooky science.

“That sparked—so to speak—an idea that had been in the back of my mind, working on Charleston, that I had never really even thought too much about,” says Hough in a statement from the Seismological Society of America. “What about those ghost stories from Summerville?”

Hough suggests the town’s paranormal legends actually point to earthquakes. She noticed that many of the local “ghost sightings” coincided with periods of seismic activity.

“People said their cars would shakе violently. Well, that’s an earthquake,” Hough says to Science’s Richard Stone. “They heard noises upstairs, whispers. Or doors would swing. Seismic events we may not perceive as earthquakes fit some of these accounts. And glowing orbs that would hang in the air along a former railroad track. Well, that makes you think earthquake lights.”

Earthquake lights are mysterious phenomena that have been observed around the world, but scientists still don’t have a clear idea of what causes them. Some have proposed that seismic activity deforms minerals in the Earth, creating an electrical charge that can lead air molecules to glow. Another theory is that they’re related to the release of gases like radon or methane, which can ignite when they’re exposed to a spark of static electricity. Hough believes the railroad tracks, in particular, are the key to Summerville’s ghosts.

“Historically, when [rail companies] replaced tracks, they didn’t always haul the old track away. So, you’ve got heaps of steel out there. Sparks might be part of the story,” Hough says to Science. “And maybe the railroads are important for another reason. They may naturally follow fault lines that have carved corridors through the landscape.”

That could explain why so many ghost stories—even beyond Summerville—involve lights over railways, she adds. “When you start looking around, it turns out there’s any number of ghosts wandering around railroad tracks with lanterns looking for severed heads,” says Hough to Jonah Chester at the Post and Courier. “There’s kind of an epidemic of them.”

Recognizing this connection could help scientists find seismic zones that have gone unrecognized so far. Following similar ghost stories in other regions could point to areas with a low level of earthquake activity that had only been noticed through earthquake lights, per the statement.

Earthquakes are “an appealing explanation for these ghost stories,” says Will Levandowski, a geophysicist with the consulting company Tetra Tech who was not involved in the study, to Carolyn Wilke at the New York Times.

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Sara Hashemi | READ MORE

Sara Hashemi is a science writer and fact-checker currently based in New York City. Her work has appeared in Sierra, The Body, Maisonneuve magazine and more.

Filed Under: American South, Chemistry, Earth Science, Earthquakes, Geology, Mysteries, New Research, Trains

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