Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Travelers Rest, SC?

When someone passes away, their assets have to be distributed according to South Carolina state laws and the directions in their Will. Your probate lawyer will be a significant source of help in this regard, as they will guide an executor of a Will or Beneficiaries of an estate through the often-confusing probate process. From identifying notating estate assets to distributing inheritances, your probate attorney is a crucial partner during this difficult time in your life.

At Cobb Hammett, our probate attorneys understand that when a client's loved one dies, they need a caring presence by their side. But they also need a confident source of knowledge that can act on their behalf as they grieve. That's why, given the complex nature of probate law, it's a good idea to have a trusted attorney on call who can settle an estate and handle the nuanced issues that arise in probate court.

  • Walk You Through the Aspects of Your Probate Case
  • Prepare and File All Necessary Paperwork by the Mandated Deadlines
  • Help You Stay Abreast of Requirements and Responsibilities
  • Identify Estate Assets
  • Help Pay Debts and Bills
  • Transfer Assets to the Appropriate Parties
  • Assist with Estate Disputes
  • Resolve Income Tax Issues
  • Advise You of Your Rights
  • Remain Prepared and Organized to Help Reduce Your Stress

Administering a decedent's estate can be a long, arduous process. That's especially true if disputes are involved with Beneficiaries. When you consider the chances of being held liable for decisions you make as a Personal Representative of an Estate, working with a probate lawyer from Cobb Hammett Law Firm just makes good sense.

Probate Lawyer Travelers Rest, 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 Travelers Rest, 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 Travelers Rest, 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 Travelers Rest, SC
Probate Lawyer Travelers Rest, 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 Travelers Rest, 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.

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What Our Clients Say

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 Travelers Rest, 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 Travelers Rest, 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 Travelers Rest, SC

Sheriff: Deputies justified in using deadly force in Travelers Rest shooting

TRAVELERS REST, S.C. (FOX Carolina) - The Greenville Sheriff’s Office released a critical incident report determining whether or not deputies were justified in using deadly force in a shooting that took place in Travelers Rest on March 25.The sheriff’s office said dispatch received a 911 call from a woman claiming her husband, 75-year-old Jesse William Wright, was threatening her and was armed with a shotgun.“My husband has locked me in, [he] refuses to let me out and I’m scared to go into the house beca...

TRAVELERS REST, S.C. (FOX Carolina) - The Greenville Sheriff’s Office released a critical incident report determining whether or not deputies were justified in using deadly force in a shooting that took place in Travelers Rest on March 25.

The sheriff’s office said dispatch received a 911 call from a woman claiming her husband, 75-year-old Jesse William Wright, was threatening her and was armed with a shotgun.

“My husband has locked me in, [he] refuses to let me out and I’m scared to go into the house because he’s threatened to beat me,” the 911 caller said.

According to bodycam footage, a deputy arrived to the home on Coster Road and tried to negotiate with Wright who was standing on the front porch.

In the video, you can hear Wright say, “You all want to die? I don’t care,” and, “I’m 75 years old. I’ve done lived my [profanity] life.”

Officials said a backup deputy arrived on scene. When Wright pointed his gun at the deputy, both officials fired at Wright. Deputies began first aid care on Wright but he passed away at the scene.

The South Carolina Law Enforcement Division (SLED) was requested to conduct an investigation and both Greenville County deputies were placed on administrative leave.

On May 9, the sheriff’s office said an internal review determined that the deputies’ deadly force was justified.

SLED is still investigating.

To watch the critical incident report in full, click here.

MORE NEWS: Dispatch: Deputies responding to shooting in Greenville Co.

Copyright 2025 WHNS. All rights reserved.

Committee votes on annexation, rezoning for luxury hotel on Paris Mountain

GREENVILLE COUNTY, S.C. —A monthslong debate about the future of Paris Mountain was decided.On Monday, Travelers Rest City Council rejected an annexation request that would've put a 4-star luxury hotel along Altamont Road. Monday night was the first time the full city council was in the room to discuss the plans after pushback from people living along Paris M...

GREENVILLE COUNTY, S.C. —

A monthslong debate about the future of Paris Mountain was decided.

On Monday, Travelers Rest City Council rejected an annexation request that would've put a 4-star luxury hotel along Altamont Road. Monday night was the first time the full city council was in the room to discuss the plans after pushback from people living along Paris Mountain.

"This establishes the first and only North Greenville County inn lodge, with lodging rooms and indoor and outdoor space for business retreats, events, meetings, celebrations, all including the ballroom, dining, and spa availability. It makes TR a destination for business meetings, events, and business retreats," said Councilman Grant Bumgarner

The discussion lasted over an hour, with developer Krut Patel fielding questions from the council.

"The question number two to me is, does it fit the surrounding land use? I'm having a hard time with that," said Councilman Brantly Vest.

Councilwoman Shaniece Criss addressed the room, stating, " This isn't about stopping growth. It is about smart growth development that honors the land and meets the real needs of people who call this area home."

After the vote to reject the project, Divine Group sent WYFF a statement that read in part -

"We’re disappointed by tonight’s outcome—but proud of the vision that was put forward.

This project followed the harder path—pursuing annexation and public engagement—because we believed it represented the highest and best use of our property: one that would preserve green space, protect viewsheds, create jobs, and deliver lasting value to the community.

That path has now closed. But our work continues.

We remain fully committed to developing our property and look forward to detailing our next steps soon."

Paris Mountain hotel axed by Travelers Rest committee. Landowner vows to still develop the site.

TRAVELERS REST — The proposal to build a luxury hotel on a ridge at Paris Mountain appears to have unraveled after losing a crucial committee vote.The city's Planning and Development Committee voted 4-1 against advancing The Divine Group's annexation and rezoning request and accompanying development agreement for a 40-acre property on Altamont Road to the full City Council.Committee members cited ...

TRAVELERS REST — The proposal to build a luxury hotel on a ridge at Paris Mountain appears to have unraveled after losing a crucial committee vote.

The city's Planning and Development Committee voted 4-1 against advancing The Divine Group's annexation and rezoning request and accompanying development agreement for a 40-acre property on Altamont Road to the full City Council.

Committee members cited concerns, among others, that the Inn at Altamont would change the character of the lush mountain, which sits just between Greenville and Travelers Rest.

The Divine Group said in a statement after the May 5 meeting it was disappointed with the committee's decision, but it doubled down on a commitment to build on the site.

CEO Krut Patel previously said the group would consider building apartments — which is allowed under the existing zoning — if the hotel proposal were to be rejected.

"We remain fully committed to developing our property and look forward to detailing our next steps soon," the statement said.

The committee's decision came after months of fierce backlash to the project, with conservatives against growth, environmental advocates and Altamont Road residents blasting the project.

Opponents have expressed fears that annexation would set a precedent that would allow future developers to evade the county’s environmentally sensitive zoning designation that covers properties along Altamont Road.

For more than an hour, committee members and the other council members — who are all present for the committee meetings, even if they’re not voting — asked Patel and the city administrator questions about the proposal and offered their perspectives.

The Divine Group sought to build a 150-room hotel, restaurant, rooftop bar, ballroom, event lawn and spa to be built on Altamont Road. Half of the 40-acre property would be donated to the city as a public park, and trails, restrooms, a driveway and parking would be built there, all funded by the hotel guests.

Under the existing zoning for the site, a hotel isn’t allowed on that property.

The Divine Group requested the property be annexed and rezoned as a flexible review district in Travelers Rest, which city administration said allows for more control over development on the property. A design review board of architectural experts would have weighed in on the appearance and materials of the hotel, according to the development proposal.

Patel pitched the project as an economic development opportunity that would boost the tax revenue for Travelers Rest. Opponents have raised concerns over the feasibility of sewer and water access, fire risk, and traffic safety on Altamont Road.

During the committee meeting, some council members gave qualified perspectives of the project, saying they supported certain aspects of it and what they saw as the developer’s willingness to make changes, but maintaining that they had serious concerns in other areas.

“This decision is not simple,” City Council member Shaniece Criss said. “It involves tradeoffs, long-term impact and our vision for the future,"

The committee members who voted against advancing the measure were Kelly Byers, Criss, Sherry Marrah and Brantly Vest. Grant Bumgarner voted in favor.

Vest praised the development proposal that had been brought to council. But he said he struggled to see how the proposal matched the current uses of the surrounding land, which is a hilly, forested ridge that leads up to the “Furman Face” of Paris Mountain.

Byers said she believed there were compelling pieces to the project.

“We are all on the same team,” Byers said. “We all want a safe, vibrant community to live in and to call home.”

But she said the community had valid concerns with the condition of Altamont Road, which is a narrow and windy two-lane street. She urged the opponents of the project who were present to talk with their state and county representatives to address those concerns.

“I hope you all continue talking to your neighbors and engaging with one another, and that you all get home and put your land in conservation easements,” Byers said.

Bumgarner, who was the sole vote in favor of the measure, said the existing environmentally sensitive zoning that covers half the site doesn’t address the ecosystem — it simply caps residential density along Altamont Road, he said.

“Annexation does nothing to increase the salary of any council person or boost the mayor’s wage,” Bumgarner said. “Annexation is a way for a city to grow its tax base.”

Those benefits were also referenced by Criss, who said the hotel would generate economic activity, create jobs, and attract more visitors to the city.

While she said she supports a hotel of similar scale coming to Travelers Rest, she did not support building the hotel at the mountain.

She referenced the repeated concerns over traffic safety, stormwater runoff, potential for erosion, and light and noise pollution that “could change the mountain’s character.”

She urged people to ask bigger questions.

“Should we stop building on Paris Mountain altogether, including residential?” Criss said, later asking, “Could our neighbors, nonprofits and public partners come together to purchase more land on Paris Mountain for permanent green space and public use?”

The committee’s decision came less than two weeks after the city’s Planning Commission voted 5-1 against recommending the annexation and rezoning be approved by City Council.

During the commission meeting, Patel said they had worked on the site for two years and first considered building apartments.

A market study, however, revealed that such a development wouldn’t be the most profitable and efficient use for the site and could strain emergency responder capabilities, he said. A hotel, on the other hand, would have a positive economic impact and have little effect on first responders.

After the committee meeting, The Divine Group said in a statement that it was proud of the vision it had put forward.

“This project followed the harder path — pursuing annexation and public engagement — because we believed it represented the highest and best use of our property: one that would preserve green space, protect viewsheds, create jobs, and deliver lasting value to the community,” the statement said. “That path has now closed. But our work continues.”

Restaurant 17: Enjoy A Meal With An Amazing View Of The Mountains In Travelers Rest, SC

There’s a place tucked away in the foothills of Travelers Rest that will transport you far from the daily grind of everyday life in the Upstate. Hotel Domestique’s Restaurant 17 is the place where you can pour yourself into a seat on the patio, and just breathe in the surrounding beauty. The menu is carefully curated, utilizing ingredients supplied by local farmers, cheese artisans, beekeepers, and more.A meal at Restaurant 17 is more than just nourish...

There’s a place tucked away in the foothills of Travelers Rest that will transport you far from the daily grind of everyday life in the Upstate. Hotel Domestique’s Restaurant 17 is the place where you can pour yourself into a seat on the patio, and just breathe in the surrounding beauty. The menu is carefully curated, utilizing ingredients supplied by local farmers, cheese artisans, beekeepers, and more.

A meal at Restaurant 17 is more than just nourishment, it’s an experience. Paired with a weekend getaway stay at Hotel Domestique, you’ll forget you’re less than an hour from home.

Restaurant 17 in Travelers Rest, SC

Owner’s Name: Rich Hincapie

Do you have a kids menu? Yes What are your contactless delivery options? Curbside pickup

Do you offer outdoor dining? Outdoor dining – covered, open & heated What makes your spot unique?Nestled in the Blue Ridge Mountains, Restaurant 17’s beautiful setting is the clear root for the restaurant’s modern, place-driven perspective. It all adds up to an experience that brings people together over tables of authentic, thoughtful food and drink. Where old-world hospitality meets familiar European views, the cuisine reveals an elevated twist on classic Italian and Mediterranean favorites. Chef Haydn Shaak marries classical training with his dedication to local farms and ingredients to craft a truly unique menu inspired by the seasonality of the Upstate.

What dish is the most popular? Southern Fried Chicken Padano

What dish are you the proudest of? Chef Haydn’s Southern Vegetable plate features local and seasonal vegetables from our local farmers, and we are proud to showcase the produce of our region in a unique, fresh way.

It’s my first time at your restaurant, what do you suggest we order? The Cheese & Charcuterie Board and House Made Ricotta Dip are must-haves for snacks to start. For Small Plates, the Purple Gnocchi and Grilled Octopus are house favorites. Finally, for entrees, the Duck Breast and Shrimp Puttanesca are fan favorites!

Where do you love to eat when not at work?Jianna

Gifting Options: Gift cards

Learn More About Restaurant 17

Restaurant 1710 Road of Vines, Travelers Rest | 864.635.2872

Tipsy Taco is closing one of its prime spots – but with a new concept reimaging Greenville history

GREENVILLE — Tipsy Taco, a Greenville original that has grown into a formidable franchise, is on the cusp of change as it expands its reach both in geography and dining concepts.The restaurant last weekend served its last Don Mignon taco at its Conestee Avenue location in Greenville's Augusta Road community — though that’s not the end of the story. The company intends to fill the sp...

GREENVILLE — Tipsy Taco, a Greenville original that has grown into a formidable franchise, is on the cusp of change as it expands its reach both in geography and dining concepts.

The restaurant last weekend served its last Don Mignon taco at its Conestee Avenue location in Greenville's Augusta Road community — though that’s not the end of the story. The company intends to fill the space with a new concept called The Pharmacy, which will open in May.

And, there is more.

While the company closed its lowest-performing location, it's gearing up to open a new Tipsy Taco location in Travelers Rest, also in May.

The new Travelers Rest location will take the place of what was S.B.H. Barbecue at 21 S. Main Street. S.B.H. took the place of Monkey Wrench Smokehouse after that barbecue restaurant closed in August 2024.

The changes come as Tipsy Taco enters its ninth year in business.

The Greenville restaurant group was started by two industry veterans, Trish Balentine and Roger Carlton, who opened the first one on Pelham Road in 2016.

In early 2020, Carlton and Balentine sold the Tipsy Taco company to TBL Tipsy Taco, LLC, owned by Shelton, Lazaro Montoto and Tony King. The new owners have since grown Tipsy Taco through new corporate-owned stores and franchises.

The company just opened a location in Hendersonville, N.C., last month, and the new location in Travelers Rest will bring the total number of restaurants to nine.

“We’re always kicking tires and we’re always looking at spots and we’re very strategic with what we do,” Shelton said.

The partners had been looking for growth opportunities in Travelers Rest for about five years, Shelton said, and they loved the building with its sizeable backyard space and location just steps from the Swamp Rabbit Trail.

Plans call for leaning into the outdoor area with renovations that add new seating, lighting and turf grass, yard games and a new access way direct to the trail.

Inside, the building will transform by way of new tables and booths and new paint.

A new neighborhood bar and grill

The building on Conestee Avenue will also undergo some renovations to bring it to life as The Pharmacy. The new restaurant name comes from the building’s past life as Campbell’s Pharmacy, which was a beloved spot of grilled cheese sandwiches decades ago, Shelton said.

The history also helps inform the concept as a neighborhood hub.

While Tipsy did OK, Shelton said, the location just off Augusta Road had stagnated some recently, and in seeking feedback from patrons there was a resounding similarity to what they had to say.

“We talked to a lot of our customer base there, and the common theme was the place really needed a neighborhood bar and grill type place,” Shelton said. “So, the thought process is we want to give that community exactly what they’re asking for, which is a neighborhood bar and grill with an elevated food menu. It’s going to be fresh and chef-driven. All products will be made in-house.”

In 2017, The Common Cure opened in the restaurant space paying similar homage to the building’s past pharmacy and soda fountain history. After the restaurant closed, Tipsy Taco opened in the space in 2018.

The Pharmacy is honoring the ask of the neighborhood with a recast space, with renovated outdoor patios, new furniture, flooring, paint, décor and a new menu that will not feature tacos, but instead feature fare such as grilled cheese sandwiches.

In addition, the menu will be rooted in what Shelton described as an "elevated but not upscale” atmosphere, and a menu with familiar dishes that are enhanced by a few unexpected twists, scratch preparations and fresh ingredients.

Entrees will run the gamut from roasted Alaskan salmon to a Berkshire pork chop. Apps will include wings with a twist, calamari and poutine, along with fired zucchini chips.

The restaurant will serve lunch and dinner during the week and brunch and dinner on Saturdays and Sundays. It will also feature a full bar and happy hour.

The goal is to offer a little something for everyone, from families to people who need a quick lunch to friends looking for a spot to meet for a drink or dinner.

“We are going to try to cater to a lot of different (people),” Shelton said. “It will be a fun, local neighborhood bar and grill for the 05ers to be able to call their own.”

While there are no set plans at the moment to grow The Pharmacy concept beyond the one location, the team of partners is open to the idea, Shelton said.

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