Probate Lawyer in Taylors, 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 Taylors, 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 Taylors, 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 Taylors, SC
Probate Lawyer Taylors, 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 Taylors, 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 Taylors, 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 Taylors, 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 Taylors, SC

South Carolina Department of Natural Resources Director Alvin Taylor Retiring

After a long and storied career spanning forty-two years with the South Carolina Department of Natural Resources (SCDNR), including seven years leading the agency, SCDNR Director Alvin Taylor has decided to retire. Taylor leaves behind a legacy of lofty accomplishments after helping the agency recover from historically low budgets and agency down-sizing. Although he will be missed in the halls of the Rembert C. Dennis Building, the agency’s headquarters, staff are happy for Taylor as he prepares for a new chapter in his life.&qu...

After a long and storied career spanning forty-two years with the South Carolina Department of Natural Resources (SCDNR), including seven years leading the agency, SCDNR Director Alvin Taylor has decided to retire. Taylor leaves behind a legacy of lofty accomplishments after helping the agency recover from historically low budgets and agency down-sizing. Although he will be missed in the halls of the Rembert C. Dennis Building, the agency’s headquarters, staff are happy for Taylor as he prepares for a new chapter in his life.

"Alvin became director at a time when the agency needed a leader who could find the best path through a storm," said SCDNR Board Chairman Norman Pulliam. "His integrity and friendly demeanor have set him apart as an agency leader, and he will long be remembered for his steady and honest dealing with political leaders, agency administrators and all SCDNR employees."

Among Taylor's many accolades, he may be most proud of the work the agency has done in the arena of youth outreach. Under his watch, the SCDNR has built a youth shooting sports program, including clay target sports and archery, almost from the ground up. The program now reaches more than 44,000 students in schools and clubs across the state. Just last year the clay target sports championship trail of skeet, trap and sporting clays established a Governor's Cup top prize to recognize the best in high school clay target sports. Besides mentoring in safety and conservation offered to participants, shooters have the opportunity to compete for more than $125,000 in college scholarship money through this program.

Taylor also worked to protect more land for the agency’s Wildlife Management Area and Heritage Preserve programs, totaling more than 1.1 million acres, that can be used by all the citizens of South Carolina, including hunters and anglers. During his tenure, the SCDNR took on the job of protecting the Wateree Heritage preserve, made up of Cooks Mountain and the old Goodwill Plantation in Lower Richland County, as well as the Liberty Hill Wildlife Management Area on Lake Wateree. The agency worked with the National Wild Turkey Federation to build the Palmetto Shooting Complex, a world class sporting clay facility in Edgefield, followed by the Wateree Range, an eight station sporting clays, rifle and pistol range alongside the Wateree River between Columbia and Sumter. Just this year, Tall Pines Wildlife Management Area along the South Saluda River in northern Greenville County was dedicated as the newest property — offering hunters, anglers, hikers and wildlife watchers more opportunities to head outdoors in the Upstate.

Besides working so hard for youth projects and protecting more than one million acres of public land, Taylor worked equally hard to provide leadership and increased funding for the many SCDNR teams, including the biologists and technicians who toil to restore habitats and protect game and non-game species native to the Palmetto State. In this role, Taylor notably led the South Carolina Quail Council as chairman of the steering committee in the agency’s renewed efforts to restore bobwhite quail in South Carolina in sustainable, huntable numbers. That effort already has produced success and offers much hope for the future of grassland birds in South Carolina.

"Without a doubt, Alvin Taylor has been exactly the right leader for the SCDNR during the past seven years, and he has enjoyed the full support of the SCDNR Board of Directors during his entire tenure,” Pulliam said. “There will always be more work to do, but Alvin leaves the agency with the tools and the morale needed to continue doing good work for the natural resources of South Carolina. His legacy may not be fully realized for years. In his humble manner, Alvin heaps accolades on others while he stands in the background. Most of all, whether you know him personally or not, he has been a friend to the citizens of this state."

This Abandoned Natural Spring In South Carolina Is Just Begging To Be Visited

Countless abandoned places dot the landscape throughout South Carolina, each one offering a little glimpse into the past. And the following abandoned spring house in Taylors is no different. The white building seen below is a holdover from a bygone era in which the wealthy and the sick would congregate here beginning in the mid-1800s in hopes...

Countless abandoned places dot the landscape throughout South Carolina, each one offering a little glimpse into the past. And the following abandoned spring house in Taylors is no different. The white building seen below is a holdover from a bygone era in which the wealthy and the sick would congregate here beginning in the mid-1800s in hopes of curing ailments and more.

Seen here, the Spring House at Chick Springs Resort was one of the main reasons people from all over would visit the booming resort (now gone) built around the mineral spring.

The first hotel at the resort opened in 1840. From that point forward, the resort was known to be a summer haven, filled with people seeking summer vacations as much filled with fellowship as the healing waters of the spring. The first three renditions of the resort hotel burned; the fourth (shown here) was opened in 1914, and eventually closed its doors due to The Great Depression.

The community of Taylors, a suburb of Greenville, has grown up all around the former 100-plus-acre resort and all that remains sits alongside a tiny road in a wooded area in the heart of the suburban sprawl.

From Dan Bull Road, named for the Bull family, one of the successive owners of Chick Springs Resort, visitors can still access the property where the abandoned Chick Springs Park sits. The once lively park is now empty and eerily devoid of the laughter and droves of Chick Springs Resort guests that used to frolic here.

Through a wire-covered window designed to keep wildlife from destroying the property, visitors can see into the old building. The spring's water still flows through a pipe inserted long ago.

A picnic gazebo (date unknown) and a few other remains are also worthy of exploration.

In 2008, a historic preservation group launched an effort to restore the spring and this abandoned gem of a park so that all may enjoy, but efforts to do so have yet to show signs of success.

Want to visit?

It's located on private property, so visiting will be at your own risk. It's located on Dan Bull Road, just a stone's through from busy Wade Hampton Boulevard (SC-29) just outside of Greenville. Here's a link to the Google Map location.

For another unique abandoned spot in the Palmetto State, take a look at these photos of the abandoned Hard Rock Theme Park on the coast!

iCan Bike Camp in Taylors, South Carolina, teaches kids with disabilities to ride bikes

TAYLORS, S.C. —The iCan Bike Camp in partnership with Taylors YMCA takes place at Taylors First Baptist Church from Monday, June 24, to Friday, June 28.The camp is a five-day program that teaches children with disabilities how to ride a bike."It's so much fun and so gratifying. I love it," said Sara Fragoso, a mother of a child at the camp. "She gets to feel what it feels like to go fast and balance."The goal of the program is to get the kids able to ride a bike without t...

TAYLORS, S.C. —

The iCan Bike Camp in partnership with Taylors YMCA takes place at Taylors First Baptist Church from Monday, June 24, to Friday, June 28.

The camp is a five-day program that teaches children with disabilities how to ride a bike.

"It's so much fun and so gratifying. I love it," said Sara Fragoso, a mother of a child at the camp. "She gets to feel what it feels like to go fast and balance."

The goal of the program is to get the kids able to ride a bike without training wheels by the end of the week.

There are a little over 30 children enrolled in the camp this year and about 60 volunteers.

Joe Sampsell volunteered for the first time this week.

"I know [what] it's like as a kid; when I learned how to ride a bike, it opened up all kinds of opportunities for me and it gave me a bigger world," Sampsell said. "I just think it instills confidence in young kids, so anything that you can do to help the kids along [with] that process, I think is fantastic."

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The camp gives these children a chance to build upon skills that transfer over to other areas in their life.

The senior vice president and chief philanthropy officer of the YMCA Greenville, Diana Watson, said it's a unique experience to the Upstate.

"iCan Bike is such a special program and we're the only place in South Carolina that offers this," Watson said. "A lot of kids come from neighboring states, from all across the Upstate to be here, to learn [and] to ride a bike within a week."

For the big celebration on Friday, the children in the camp receive a bike and helmet set of their own to continue biking with.

Watson said the experience is all about removing the barriers to learning for these children.

"This is a chance for them to really ride freely, to just be a kid like every other kid and to get the chance of that freedom of riding a bike," Watson said.

The Taylors Mill: Restaurants, an Arcade, and More Entertainment!

Have you visited Taylors Mill? Taylors, SC is home to an old mill that is quietly becoming a stand-alone entertainment destination in the Upstate. If you’ve not been to this repurposed mill in Taylors yet, there are so many reasons to go. Here are the restaurants and entertainment venues available at Taylors Mill.The entire mill is a unique place and we are blessed to be located there and a part of the community.Christy Marut | Co-Owner of The FarehouseThe History of Southern Bleachery & Print Works Fr...

Have you visited Taylors Mill? Taylors, SC is home to an old mill that is quietly becoming a stand-alone entertainment destination in the Upstate. If you’ve not been to this repurposed mill in Taylors yet, there are so many reasons to go. Here are the restaurants and entertainment venues available at Taylors Mill.

The entire mill is a unique place and we are blessed to be located there and a part of the community.

Christy Marut | Co-Owner of The Farehouse

The History of Southern Bleachery & Print Works

From 1924 to 1965, the Southern Bleachery Mill purchased unfinished textiles from surrounding mills and then bleached, dyed, and created finished products.

In 2012 Southern Bleachery & Print Works was added to the National Register of Historic Places. When the mill closed in 1965, it sat vacant for the most part until 2015. Then, coffee and artist’s studios breathed life into the quiet that had existed for so long down this dead-end street in Taylors, SC. Since 2015, the use of the mill has expanded to include places to dine, play, workout, party, and more!

Taylors Mill Restaurants

Beer connoisseurs will enjoy time at 13 Stripes Brewery. With their numerous events, including craft classes, trivia nights, jam sessions, and more, you can regularly find a reason to find yourself hanging out there. Order from the menu at The Farehouse, or enjoy food from pop-ups hosted there from local food purveyors.

Kidding Around’s Maria is a huge fan of coffee and was terribly excited to discover that a new coffee shop had moved in.

“Junto Coffee is located in an amazing space. Its huge windows let in an abundance of light reflecting the lightly painted walls and ceiling, creating a very warm feeling. Some of the windows look to be original and really add to the charm of the space. And let’s talk about the plants. I love green, growing things. Each window is decorated with a hanging plant and there are large, mature potted plants throughout the comfortable seating. There are a multitude of living room-type sets of furniture as well as benches and more traditional chairs and tables spread throughout the large space. There is also a grassy outdoor space with tables that would be a perfect spot for moms with a couple of little kids to meet up.”

Read our review for Junto Coffee in its entirety on Kidding Around Greenville

It’s no secret that a few of us here at Kidding Around are self-described pizza snobs. We have particular criteria, and we definitely each have our favorites. The Farehouse is now on my list of go-to pizza places, and I’m mad I didn’t make it there sooner. The pizza, coupled with the gargantuan-sized chicken wigs, topped potato wedges, and the extensive cocktail list, makes for a meal that will make stops at this hidden gem a regular occurrence for your family. They also have a popular beer cheese that I have been told is fabulous.

Learn More About The Farehouse on Kidding Around Greenville

Entertainment At Taylors Mill in Taylors, SC

There are trained people at Blue Ox to teach you how to throw the hatchet and there are leather sofas for you to sit back and watch your teen learn a new skill! Children as young as twelve can throw and for younger siblings in tow, there is a Nerf target throwing area.

$20/hour/person; 4-6 people per lane

Blow off some steam and destroy some stuff, all while having fun! The Mad Smash Rage Room is where you can destroy objects, cars, and more. They also have splatter painting and party packages.

Smash Rates: $20+, ages 8+

Does your little one love trains? A great addition to Greenville’s list of indoor kid spaces is the Model Trains Station at Taylors Mill. Our Kidding Around writer Anna Artz was fortunate to get a one-on-one tour with chief Engineer aka Model Train Station Chairman Bob Rayle.

Read Anna’s interview with Bob and learn more about The Model Train Station, one of our KABOOM finalist for 2024!

The newest addition to the Taylors Mill had the entire upstate a buzz about “Old School Square Pizza” Were you a kid of the 80s? Did you wear jelly shoes, listen to Thriller on your Sony Walkman, and eat rectangular-shaped pizza every Friday at school? If you said yes, then hold on to your banana clip – because Pinky’s Revenge is like something from a dream! If you have no idea what most of those things we mentioned are, it’s ok.

Read all about the awesome 80’s arcade, Pinky’s Revenge, On Kidding Around

Shopping At Taylors Mill

A favorite at local farmers’ markets, The Indigo Tribe creates textile items with a unique dye/ice method. Her home goods and wearable items are the kind of things you buy as gifts and then wind up keeping for yourself. Buy duplicates, and then you get to keep one for yourself. Follow The Indigo Tribe on social media, or hit her up on Etsy. You can visit by appointment.

Events at Southern Bleachery in Taylors, SC

You will find events throughout the year hosted at the Southern Bleachery that are worth the visit. Follow the Southern Bleachery Facebook for updates on upcoming events.

The Taylors Mill frequently host special events with various crafters, artists, and other businesses. You can find out when those events occur on the Taylors Mill website.

Taylors Mill250 Mill Street, Taylors, SC

Find more things to do with our Ultimate Guide to Taylors, SC

SC's largest Nativity Scene is located in Taylors. Here's the story behind its design.

For a long time, Prince of Peace Catholic Church in Taylors had searched for a larger Nativity Scene for Christmas, when the church's patronal feast takes place. The new Nativity would replace the smaller one they previously owned.Pastor Christopher Smith credits parish secretary Maria Rauch as "the mastermind" behind the church's seasonal decorations. Rauch, who helps decorate the church, came up with the idea of the Nativ...

For a long time, Prince of Peace Catholic Church in Taylors had searched for a larger Nativity Scene for Christmas, when the church's patronal feast takes place. The new Nativity would replace the smaller one they previously owned.

Pastor Christopher Smith credits parish secretary Maria Rauch as "the mastermind" behind the church's seasonal decorations. Rauch, who helps decorate the church, came up with the idea of the Nativity scene after her husband unexpectedly passed away.

"She wanted to honor his memory and got many of our parishioners excited about getting a beautiful Nativity while COVID was going on as a sign of hope in the midst of the pandemic," Smith said.

The church commissioned ALBL Oberammergau in Germany to design the life-size, hand-carved Nativity scene. They have been known for doing fine craftsmanship for churches since 1556. The request would become the single largest commission done in their history.

On the afternoon of Dec. 23, 2021, the life-sized Nativity was unveiled to the public. Hand-carved figures feature an angel and Holy Spirit in the form of a dove, the Virgin Mary holding baby Jesus, Joseph, the three wise men, a lamb, camel, ox, donkey, shepherd and sheep.

"It is, as far as we know, the largest indoor Nativity in a Catholic Church in South Carolina, and we have tried to discover a larger one in any church and have not found one yet," Smith said.

Smith said the Nativity was made possible through private donations.

The church wants to share the extraordinary blessing of the Great Nativity as a new classic masterpiece of artistic beauty to lift the hearts of all who come and visit with joy and hope through the visual representation of the story of Christmas, Smith said.

"The message of Christmas is that God loves each one of us enough to come into our lives and that His presence brings joy and hope even in the darkest of times," he said.

Visitors are welcome to see the Nativity at Prince of Peace Catholic Church between 7 a.m.-7 p.m. daily through Feb. 2, which is the Feast of the presentation of the child Jesus into the Temple and the close of the Catholic Christmas season. The image of the Christ Child is enshrined in the Great Nativity during a procession after the Masses at 4 p.m. and 6 p.m., and midnight on Christmas Eve. The church is located at 1209 Brushy Creek Road in Taylors.

Smith hopes the Nativity continues to inspire families for many more Christmases.

"It is a sign of hope and beauty, and it is wonderful to see so many people light up with joy when they see it," he said.

Nina Tran covers trending topics. Reach her via email at ntran@gannett.com

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