Probate Lawyer in Union, 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 Union, 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 Union, 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 Union, SC
Probate Lawyer Union, 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 Union, 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 Union, 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 Union, 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 Union, SC

California biotech company to open $50M facility in Union County

A California-based biotech company is opening its first facility in South Carolina in Union County.MycoWorks, which creates luxury-quality leather alternatives using the trademarked Fine Mycelium, has selected Stream Realty Partners, CH Realty Partners, and Gray to help develop its first full-scale production facility in Unio...

A California-based biotech company is opening its first facility in South Carolina in Union County.

MycoWorks, which creates luxury-quality leather alternatives using the trademarked Fine Mycelium, has selected Stream Realty Partners, CH Realty Partners, and Gray to help develop its first full-scale production facility in Union, S.C., according to a news release.

CH Realty Partners LLC, a Los Angeles-based developer — in conjunction with Ascendant Capital Partners, a Los Angeles-based real estate investment firm — will invest more than $50 million to expand and improve an existing warehouse at 260 Midway Drive in Union, South Carolina, the release stated. The facility, which MycoWorks will lease with a long-term commitment, will accommodate 135,000 square feet for the company’s first full-scale Fine Mycelium production manufacturing facility

MycoWorks’ new facility will offer approximately 50,000 square feet of manufacturing space, the release stated. It will include controlled environments for mixing, filling, and sterilization; work cells for tending the product as it grows; and areas for product harvesting and finishing.

Within the existing footprint, the facility will utilize approximately 40,000 square feet for an Automated Storage Retrieval System in a highly controlled environment that will house trays of the product as it grows into sheets, the release stated. A two-story expansion of 35,000 square feet for offices will be built adjacent to the existing warehouse. The remaining footprint will be used for storage, utilities, and maintenance areas.

Stream’s National Program Management team will work with CH Realty Partners to manage all aspects of the delivery of the facility, from conceptual design through equipment installation and startup, the release stated. Stream Vice President Tom Porter, who specializes in manufacturing, will lead the project. Stream is a national real estate services, development, and investment firm with a growing office in Charlotte that services the Carolinas.

“We’ve taken a deep dive to understand MycoWorks’ business needs and created a path forward that is critical to their success as an organization,” Porter said in the release. “Together, with our partners, we have developed a strategic approach to fast-track this project and help this unique, innovative client become the world’s first commercially scaled Fine Mycelium™ platform.”

Recognized as a leader in the manufacturing industry, Lexington, Ky.-based Gray will design and build the project, according to the release.

“Gray is excited to play a pivotal role on such an innovative and technologically advanced project,” said Brian Jones, Gray president and CEO, in the release. “This unique facility is a chance not only to advance MycoWorks but also move the industry forward, and that's an incredible opportunity."

Additional exterior improvements will include a bulk unloading area for dry raw materials, storage tanks for liquid raw materials, an expanded parking lot, and a new employee entrance, according to the release.

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State lawmakers, organizations ask U.S. Supreme Court to overturn union port win

The Fourth Circuit Court of Appeals ruled in favor of the union in its fight for jobs at Leatherman terminalCHARLESTON, S.C. (WCSC) - As the U.S. Supreme Court decides if it will hear arguments in the ongoing dispute over 270 South Carolina port jobs and a $1.5 million port, several lawmakers and organizations are weighing in and urging the court to take up the case.The National Right to Work Legal Defense Foundation on Friday filed an amicus brief in support of overturning the ruling from the ...

The Fourth Circuit Court of Appeals ruled in favor of the union in its fight for jobs at Leatherman terminal

CHARLESTON, S.C. (WCSC) - As the U.S. Supreme Court decides if it will hear arguments in the ongoing dispute over 270 South Carolina port jobs and a $1.5 million port, several lawmakers and organizations are weighing in and urging the court to take up the case.

The National Right to Work Legal Defense Foundation on Friday filed an amicus brief in support of overturning the ruling from the Fourth Circuit Court of Appeals that sided with the International Longshoreman’s Association allowing them to fill every role at the $1.5 billion facility.

South Carolina has long run on a hybrid model that allows state employees to operate the cranes at state port facilities while other jobs are filled by union workers.

The NRWF in the brief argues that handing the crane jobs to the union would have continued consequences beyond the initial job loss of the state employees and violates secondary boycott rules.

They argue that even if the state employees were to join a contractor with a union contract those employees would be passed over in favor of union members with longer seniority.

The labor dispute began when the ILA sued the United States Maritime Alliance for sending shipping lines to Hugh K. Leatherman Terminal shortly after the completion of its first phase two years ago. The union alleged the move violated the terms of a master contract prohibiting the use of newly constructed terminals where ILA dockworkers do not perform all unloading tasks.

For years, the ILA union held master contracts with major shipping companies along the coast and those contracts are updated over time. The most recent contract states that at any newly-opened port, unless all the jobs from the ship to the gate are performed by union members, the shipping companies will not use the new port. That’s what’s been happening at the Hugh Leatherman terminal since it opened.

Shipping line containers subsequently called off. The South Carolina State Ports Authority viewed the move as an illegal strong-arm tactic to grab new lines of work and argued a solely unionized staff would increase operational costs. The state favored a narrow definition of the jobs entitled to ILA members that excluded “lift-equipment jobs” like cranes operation.

However, the U.S. Court of Appeals for the 4th Circuit endorsed a broader definition. Two of the three judges affirmed the National Labor Relations Board’s conclusion that “work” involved “the loading and unloading generally at East and Gulf Coast ports.”

The South Carolina Ports Association has called the practice a violation of secondary boycott laws. Because of the threat of lawsuits from the ILA, U.S. Maritime Association carriers will not use Leatherman.

“In their effort to maintain and expand their stranglehold on port employment all across the East Coast, ILA union bosses are putting the livelihoods of hundreds of Leatherman employees in jeopardy – employees who work side-by-side with unionized workers at Leatherman and have done nothing wrong,” National Right to Work Foundation President Mark Mix said. “The Supreme Court must reverse the Biden NLRB’s erroneous ruling letting this union gambit move forward, bearing in mind that the real victims here are the nonunion port workers whose jobs ILA officials want to seize.”

The nonprofit isn’t the only one to fill a brief in support of overturning the ruling.

Gov. Henry McMaster and Georgia Gov. Brian Kemp filed a brief in support of the SCSPA arguing the appellate court’s decision expanded the scope of the work-preservation doctrine beyond what was allowed under the National Labor Relations Act.

“The Leatherman Terminal is a state-of-the-art facility and a critical part of South Carolina’s economic-development portfolio and continued competitive advantage,” McMaster said. “I will not stand idly by and allow unions and their unlawful boycotts to hold our State’s resources, jobs, and supply chain hostage as out-of-state labor bosses seek to advance their own interests at the expense of state employees. South Carolinians have worked hard to earn our prosperity, and we must continue to preserve it and enhance it, not bargain it away under threats of labor union boycotts and coercive pressure campaigns. Particularly at a time when the Southeast is leading the nation in both population and job growth, I appreciate Governor Kemp joining me in this fight to maintain and advance our States’ shared interests in protecting our ports and enhancing our regional supply chain.”

“The Fourth Circuit’s decision creates a roadmap for unions to erode the equal dignity and sovereignty of the States,” the governors argue.

Ultimately, the decision will also impact Georgia’s Port of Savannah and North Carolina’s Port of Wilmington which both operate under hybrid models.

“The success of the Georgia Ports Authority speaks for itself, with the ports supporting hundreds of thousands of Georgia jobs and billions of dollars in revenues statewide,” Brian Kemp said. “To continue that momentum, it’s essential the port retains the authority to decide the appropriate operating model that secures long-term performance and benefits the consumer. By taking this action alongside our partners in South Carolina, we aim to support the future prosperity of our ports and the role of GPA in shaping that future.”

The brief argues that the Fourth Circuit’s decision undermines the pro-competitive principles that the NLRA was designed to protect and that the decision has allowed unions to use their power to harm businesses that are not unionized.

That argument was reiterated by South Carolina’s senators, Lindsey Graham and Tim Scott who also filed an amicus brief asking the court to take up the case.

“There is no doubting this case’s importance,” Graham and Scott said. “It is important for the people of South Carolina. It is important to ensure consistent application of the law nationwide. And it is important to vindicate the federal constitutional structure, so that the People remain governed by a nation of laws, rather than ruled by administrative fiat.”

The South Carolina Manufacturers Alliance said port choice is a decision that’s made based on the contents of a container, shipping routes, access to inland shipping and final destination.

“The Fourth Circuit’s coastwide view of the work caused it to treat containers of cargo as fungible, without regard to the contents of the particular containers,” the alliance said.

The U.S. Chamber of Commerce, South Carolina Chamber of Commerce and the National Association of Manufacturers said the court’s decision “blurs the critical line between work preservation and acquisition.”

“The result of this conflation will be to dramatically increase the range of circumstances when unions are allowed to engage in pressure campaigns—wielding them not as a shield to preserve their own jobs, but as a sword to take away the jobs of non-union employees,” court documents state.

The groups argue the “consequences for the law and the national economy would be dire” should the court uphold the Fourth Circuit’s decision.

They argue that the Fourth Circuit misapplied the precedents used when they ruled in favor of the union.

A response from the government’s original deadline has since been extended to Nov. 29.

Copyright 2023 WCSC. All rights reserved.

Texas Dow Employees Credit Union notifies 500,000 of MOVEit breach

The Texas Dow Employees Credit Union (TDECU) on Aug. 23 sent letters to more than 500,000 people saying their personal data was compromised during last year’s MOVEit attacks carried out by the Clop ransomware gang.The MOVEit attacks were first discovered and reported in lat...

The Texas Dow Employees Credit Union (TDECU) on Aug. 23 sent letters to more than 500,000 people saying their personal data was compromised during last year’s MOVEit attacks carried out by the Clop ransomware gang.

The MOVEit attacks were first discovered and reported in late May 2023, affecting more than 2,700 organizations and 95 million people.

In a notice on its website, TDECU said it first discovered on July 30 that the personal information of TDECU members was potentially removed from MOVEit by the threat actor between May 29-31 of last year.

The impacted data included full names in combination with dates of birth, Social Security numbers, bank financial account numbers, credit/debit card numbers, driver’s license information and taxpayer identification numbers.

TDECU was quick to add that there was no compromise of TDECU’s broader network security.

Ira Winkler, chief information security officer at CYE, said the TDECU case is a scary indication that organizations frequently lose insight into the data they collect. Winkler pointed out that given the delay in reporting, it’s likely that they were completely unaware of the data that was on a compromised system until recently.

“Data can be extracted from their original sources for a variety of purposes. And if the data is not properly tracked, it not only becomes vulnerable to compromise, but worse, the organizations have no idea it is compromised until it is too late,” said Winkler.

Itzik Alvas, co-founder and CEO and co-founder of Entro Security, added that the TDECU breach stressed the urgent necessity for organizations to prioritize cybersecurity measures, particularly vulnerability assessments and patch management.

"This incident reminds us that the stakes in cybersecurity are incredibly high, and organizations must stay attentive in both internal and external system security," said Alvas. “Regular vulnerability assessments and the swift application of patches are not just best practices, but critical actions that can prevent catastrophic breaches."

Ken Dunham, cyber threat director at the Qualys Threat Research Unit, said that the MOVEit vulnerability — CVE-2023-34362 — continues showing up in the news because of its widespread exploitation and the depth of exploitation. Dunham said while we may tire of hearing about MOVEit, it’s critical for security teams to stay vigilant.

“Readiness is more than planning on paper, it requires regular testing, demonstrating TTPs and defensive measures, testing for operational excellence and gaps,” said Dunham. “It also requires running drills — blackbox, graybox, and whitebox — to continually prepare and adjust to dynamic global threatscape risks to an organization.”

Why not SIT completion report submitted to SC, questioned Union minister

BENGALURU: Taking exception to the Karnataka Lokayukta sleuths seeking Governor’s nod for sanction of his prosecution in connection with illegal iron ore mining case, former Chief Minister and Union Minister of Heavy Industries and Steel H.D. Kumaraswamy on Wednesday questioned the State Government “Have you submitted the completion report of the Special Investigation Team which investigated the illegal iron ore mining case (against me) to the Supreme Court.”Kumaraswamy, at a press conference in Bengaluru, rea...

BENGALURU: Taking exception to the Karnataka Lokayukta sleuths seeking Governor’s nod for sanction of his prosecution in connection with illegal iron ore mining case, former Chief Minister and Union Minister of Heavy Industries and Steel H.D. Kumaraswamy on Wednesday questioned the State Government “Have you submitted the completion report of the Special Investigation Team which investigated the illegal iron ore mining case (against me) to the Supreme Court.”

Kumaraswamy, at a press conference in Bengaluru, reacted to the Karnataka Lokayukta sleuths seeking a fresh Governor’s permission to file a charge sheet against him in connection with alleged ‘illegal’ approval for 550-acre mining lease through a letter dated 6/10/2007 to Sai Venkateshwara Minerals in Sandur of Ballari district when he served the State as Chief Minister.

While the Supreme Court asked for submission of SIT completion report within 3 months of investigation in 2017, Kumaraswamy said “It is 2024 now yet no SIT investigation completion report has been submitted to the Supreme Court by the State Government.”

“I moved the Supreme Court in 2014 regarding the illegal iron ore mining case and the State Government constituted a Special Investigation Team to investigate the illegal iron ore mining case in 2017. The Supreme Court asked the State Government to investigate and the investigation has been completed but its completion report has not yet been submitted to the Supreme Court,” said the Union Minister.

He asked the State Government “Did Supreme Court ask you to knock on the doors of the Governor's office?” and he stated “Finally all the matters are to be decided by the Supreme Court (not Governor).”

The Union Minister denied having inserted his signature to Sai Venkateshwara Minerals to grant mining lease when he was the Chief Minister and blamed officials concerned for preparing files. “Hundreds of files came to my office. I do not know about any file of Sai Venkateshwara Minerals. Moreover it dates back to 2007," he said.

“It is not my signature (displaying a copy of a letter alleged to have been signed by him in 2007 to grant mining lease) and it has to be verified. Let officials concerned get my signature verified in any international Forensic Science Laboratory (FSL),” he said.

Before action, Kumaraswamy said “Signature has to be proved” and also ruled out his hand writing on a letter to grant mining lease to Sai Venkateshwara Minerals.

He alleged Sai Venkateshwara Minerals a “fraud” company and suspected that the letter claiming grant of mining license could also be “fraud” and wanted the matter to be investigated.

Criticising the State Government, he said, “For about 8 months a constant attempts have been made to fix in me denotification or any other case fearing that I will expose the State Government of wrongdoings with supporting documents.”

( Source : Deccan Chronicle )

Union hopes $1.2M amphitheater will bring visitors to the small Upstate city's downtown

UNION — Plans for a new amphitheater are moving forward, with construction expected to begin this fall across from the city’s Foster Park.It’s among the projects the city is working on to provide additional space for events and outdoor entertainment.For decades, Union has experienced a decrease in population. The city’s population of about 9,000 isn’t expected to rise substantially. However, some business growth is expected over the next decade.The city is working to bring more retail and in...

UNION — Plans for a new amphitheater are moving forward, with construction expected to begin this fall across from the city’s Foster Park.

It’s among the projects the city is working on to provide additional space for events and outdoor entertainment.

For decades, Union has experienced a decrease in population. The city’s population of about 9,000 isn’t expected to rise substantially. However, some business growth is expected over the next decade.

The city is working to bring more retail and industry to the area through partnerships and upgrades to water and sewer infrastructure. The city also recognizes local businesses need more support and events to draw visitors.

City leaders hope an amphitheater will be a driving force in the local economy.

“Five years ago, we were really struggling to entice new development, and now I think we are trying to position ourselves to accept new development,” Union City Administrator Joe Nichols said. “We have quite a few things in the works.”

Spartanburg News

Funding for the $1.2 million amphitheater will include a grant from the Appalachian Regional Commission. It will be built on a 2.4-acre lot at the corner of Lakeside Drive and Arthur Boulevard. Engineers from SeamonWhiteside will design the project over the next 90 days.

Nichols said the amphitheater would initially host up to seven events annually. It’s expected to draw about 1,500 visitors to each event.

The amphitheater site will include water fountains, landscaping and restrooms. Nichols said he hopes an old railroad bed near the site will also be developed into a trail connecting with Main Street, which is being targeted for revitalization.

The city continues to work with Charlotte-based Benchmark Planning to develop a plan to help revitalize Main Street and its surrounding blocks. There’s more than 400 buildings in the downtown area some of which are underutilized.

Nichols said the city also has an agreement with a retail recruitment firm, Retail Strategies, to draw more business to the region. The partnership has already helped bring several national chains to the city including Starbucks, Arby’s and Harbor Freight. Mavis Tire and Brakes plans to open a new store in Union as well.

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