Probate Lawyer in West Ashley, 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 West Ashley, 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 West Ashley, 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 West Ashley, SC
Probate Lawyer West Ashley, 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 West Ashley, 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 West Ashley, 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 West Ashley, 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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phone-number 843-936-6680

Latest News in West Ashley, SC

Charleston's Sumar Street up for transformation with new development plan

WEST ASHLEY, S.C. (WCIV) — A new proposal has emerged for use of the former Piggly Wiggly site on Sumar Street that has sat idle for three years.Charleston mayor William Cogswell and the Edens redevelopment team have outlined a new proposal for the lot."I think that the number one goal with Eden's West Ashley connects and the community is to come together and find common ground with this development. You know, it's a long time coming, and it doesn't need to sit like it is. We need to move forward," said Teresa T...

WEST ASHLEY, S.C. (WCIV) — A new proposal has emerged for use of the former Piggly Wiggly site on Sumar Street that has sat idle for three years.

Charleston mayor William Cogswell and the Edens redevelopment team have outlined a new proposal for the lot.

"I think that the number one goal with Eden's West Ashley connects and the community is to come together and find common ground with this development. You know, it's a long time coming, and it doesn't need to sit like it is. We need to move forward," said Teresa Tidestrom, executive director and co-founder of West Ashley connects.

The cofounders of the "West Ashley Connects" nonprofit say that their plan incorporates elements from previous use proposals. However, the new proposal also includes mixed use development, allowing for more public space and business in West Ashley.

READ MORE: "Charleston City Council votes to receive new Sumar St option; defers King St bike lane plan to next meeting"

"Every plan that the city has put out calls for higher density along San Rittenburg Boulevard, and we want to see economic development in the TIF district. So it takes those concepts and it works through them in a way that is community friendly," says Kenneth Marolda, co-founder and treasurer of West Ashley Connects.

The group is proposing a residential building along Charlestown Drive that will be surrounded by the existing tree buffer. Next door, there will be a 55 foot building with about 380 apartments. The base floor of the apartment units will be used as a retail and commercial space.

West Ashley Connects cofounders told ABC 4 reporters that there will be 100 townhomes available for rent on the opposite side of the site.

In the center of it all they plan to have a park like space for the community.

READ MORE: "'Council decided to ignore West Ashley': Sumar Street plans head back to drawing board"

"They heard the need, we want to see a public park. They looked at the concerns, and then they worked it into their plan. And you can't ask for more than that from a developer," said Marolda.

The plan is also said to include a one-acre underground stormwater drainage system to benefit the surrounding areas.

Marolda says that if the plan is approved, Sumar Street will cease to exist.

BE THE FIRST TO COMMENT

The meeting is set to start at 5 p.m. Monday evening at 10-51 Sam Rittenberg Boulevard.

$100M improvement project coming to busy West Ashley highway

CHARLESTON, S.C. (WCSC) - One of the oldest and most highly trafficked roads in West Ashley will finally be receiving an improvement project that has been long needed.Sponsored by Rep. Gary Brewer, the project has received $2 million in state funding to improve a section of Highway 61, more specifically Ashley River Road in West Ashley.A whopping 51,200 cars travel along the two-lane roadway daily based on 2022 traffic data from the South Carolina Department of Transportation.SCDOT, the county and state say that number f...

CHARLESTON, S.C. (WCSC) - One of the oldest and most highly trafficked roads in West Ashley will finally be receiving an improvement project that has been long needed.

Sponsored by Rep. Gary Brewer, the project has received $2 million in state funding to improve a section of Highway 61, more specifically Ashley River Road in West Ashley.

A whopping 51,200 cars travel along the two-lane roadway daily based on 2022 traffic data from the South Carolina Department of Transportation.

SCDOT, the county and state say that number far exceeds the capacity of the roadway, leading to congestion, delays, and numerous accidents.

“It’s a very dangerous road, a very well-used road with a lot of traffic on Ashley River Road,” Charleston City Councilmember Kevin Shealy said. “As development has happened and more and more traffic comes on that road, we really need to keep up with the maintenance; it just hasn’t been kept up.”

The project is intended to construct capacity enhancements along the 1.10-mile road to reduce congestion and improve safety. Eventually, the goal is for the Ashley River Road Improvement Project to go from Bees Ferry Road to Paul Cantrell Boulevard.

The specific points of improvement include Railroad Bridge, at the intersection of Glendale and Church Creek Bridge, with the project to lengthen the bridge to improve drainage.

“Right now, we want to focus on getting these bridges redone,” Brewer said. “This bridge (Railroad Bridge), being built in 1936, is probably the most difficult bridge to drive over and see. Then we’ll work on what we need to do on the other side, once we work with residents and everybody to see what they want done.”

The intersection of Glendale and Ashley River Road is near two elementary schools, which brings major congestion to the intersection during school and peak hour traffic.

“I’m hopeful that with this money, the intersection can be improved somewhat and make it safer for these young children who are being taken to and from school,” Shealy said.

The Ashley River Road Improvement Project also includes adding bicycle and pedestrian accommodations and improved access to transit.

“I believe SCDOT telling us this is the busiest two-lane road in South Carolina right now,” Brewer said. “We’ve got to find a way for our citizens to get on the road safely.”

Project PhaseEstimated ScheduleEstimated Cost
Preliminary EngineeringFY2025-FY2029$5,860,000
Right-of-Way AcquisitionFY2029-FY2030$51,830,000
Utility RelocationFY2030-FY2031$1,700,000
Construction & InspectionFY2031-FY2033$42,610,000
TOTAL9 years$102,000,000

The approved funding is just the initial kick-start for the project as it needs over $100 million in funding for it to be completed.

The first part of the funding, which the approved $2 million goes into, is for preliminary engineering. Just the engineering phase alone is expected to take four years, but Charleston County is now able to begin design work immediately.

“There is no such thing as a quick project,” Brewer said. “We’re gonna do everything on our end, the county’s end and the city’s end, to make sure we move as quickly as possible, but we have those federal mandates.”

Going forward, the project will be a group effort among SCDOT, the county, city and state as it is expected to take a total of nine years to finish all these improvements to Ashley River Road.

“I want to thank Rep. Brewer for securing $2 million in state funding to help us kickstart critical improvements along the Ashley River Road corridor,” Charleston County Councilman Brantley Moody said. “As a West Ashley native, I’ve seen firsthand how this area has struggled to keep up with growing traffic and pedestrian demands. This funding brings us closer than ever to delivering the upgrades needed to enhance public safety, reduce congestion, and make the corridor more accessible to all.”

Copyright 2024 WCSC. All rights reserved.

Sewage overflow worsens for West Ashley neighbors after Tropical Storm Debby

CHARLESTON, S.C. (WCSC) - Charlestown Estates neighbors are seeing and smelling the unpleasant impacts of Tropical Storm Debby up to their doorsteps.Several homeowners on Donahue Drive off Old Towne Road are dealing with the overflow of sewage into their neighborhood streets, yards and driveways.A hazard sign and cones with sandbags warn neighbors to stray from the contaminated water now surrounding many of their homes.The three manholes being flooded are the result of a system slowly cracking at its capacity.&ldq...

CHARLESTON, S.C. (WCSC) - Charlestown Estates neighbors are seeing and smelling the unpleasant impacts of Tropical Storm Debby up to their doorsteps.

Several homeowners on Donahue Drive off Old Towne Road are dealing with the overflow of sewage into their neighborhood streets, yards and driveways.

A hazard sign and cones with sandbags warn neighbors to stray from the contaminated water now surrounding many of their homes.

The three manholes being flooded are the result of a system slowly cracking at its capacity.

“We do our best to put signs out, we try to knock on doors and let them know what’s happening. The signs really tell the story,” Charleston Water Systems representative Mike Saia says.

In 2022, the same neighborhood dealt with a similar issue where 40,000 gallons of wastewater seeped into the streets after heavy rainfall within a month.

Neighbors say they have been told a number of different answers but no solid solution, creating quite a tiresome timeline.

“Having one overflow in your neighborhood is unfortunate. Having repeated overflows in front of your front door to your home time and time again has to be an absolute nightmare,” Saia says. “We are throwing every bit of engineering and money we possibly can into remediating this.”

Charleston Waterkeeper is among neighbors who are frustrated about what feels like a lack of progress.

“It’s incredibly dirty water. It’s got bacteria and pathogens in it that can get you sick,” Andrew Wunderley says. “We shouldn’t have to risk public environmental health because the rain falls.”

Saia in response says there is a plan that would take three years minimum, and a $150 million price tag, to make a long-term difference.

“It starts with a new tunnel under the West Ashley Greenway to create more capacity and larger sewer mains and enlarged pump station between here and there,” Saia says.

Workers are also trying to line sewer mains and build up the creation of a new sewer tunnel space. A portion of the solution is located behind a green fence on Old Towne Road at Station 39.

Saia explains there are many surrounding communities dealing with a similar issue because they are connected to the same system, formerly owned by St. Andrews. Saia says the system was in rough shape when it switched to Charleston Water System’s ownership.

“Frankly we have a lot of overflows here and the folks here have unfortunately gotten used to it. We took over the St. Andrews sewer systems a number of years ago, and we’re working to integrate it with our sewer system,” Saia says.

Until then, neighbors could expect to see the issue sprout back up in the event of three-to-four-inch rainfall.

“The problem is known, it’s an inflow and infiltration issue. We need to do everything we can to accelerate solutions to that problem,” Wunderley says. “It shouldn’t take five, three years.”

Many neighborhoods across the Lowcountry are crowding official systems with similar reports. Inflow and infiltration, according to Wunderley, is when inclement weather creates rain and floodwater that infiltrates the sewer system. Weak points, many times in neighborhood streets, then become the victims of overflows.

The City of Charleston and Charleston Water System are gauging a community meeting at the Frothy Beard to inform Charlestown Estates neighbors. A date and time have not been decided.

If you need to report damages or submit a claim to Charleston Water System for sickness, injury to property, or other matters, click here.

Copyright 2024 WCSC. All rights reserved.

New tenants arrive near Charleston's Whole Foods while adventure park comes to Tanger

Two new tenants have opened their doors in the Whole Foods-anchored shopping center in suburban Charleston.West Ashley Station on U.S. Highway 17 has gone through a major renovation since locally owned Doscher's closed its grocery store in May 2022 and wa...

Two new tenants have opened their doors in the Whole Foods-anchored shopping center in suburban Charleston.

West Ashley Station on U.S. Highway 17 has gone through a major renovation since locally owned Doscher's closed its grocery store in May 2022 and was subsequently torn down.

Hand & Stone Massage and Facial Spa, which has locations in Mount Pleasant and Summerville, and Dentists of West Ashley are the first tenants to open after the upgrades.

Business

Other businesses in the shopping center at 1133 Savannah Highway are Chase Bank, Allure Nails and Hollywood Feed, which has moved from the streetside outparcels to a larger space in the back.

Other tenants on the way include Mediterranean restaurant Cava, which also has a location in Mount Pleasant, Good Vets pet-care clinic, Sunshine Liquors, Jersey Mike's, Nikita hair salon and eatery Another Broken Egg.

West Ashley resident Erika Greco expressed her disappointment in Doscher's closing and said her neighbors will also miss it.

"But I'm excited to at least see some movement toward getting businesses in there, instead of it just being a construction zone," she said. "I also like that these are businesses that will add to what our community has to offer, instead of office space or storage units."

Commercial Real Estate Experts represented the landlord in each lease.

Jump around

An indoor adventure park will replace the Staples office supply store at Tanger Outlets in North Charleston this summer.

Adrenaline Monkey, which has slides, "Ninja Warrior" courses, vertical climbing, an arcade and more, is wrapping up renovations at 4950 Centre Point Drive.

The franchise currently operates locations in Illinois and Ohio, with potential new parks in Texas, Florida and Michigan.

Story continues below

Closet picks

A Charlotte women’s clothing and accessories store has introduced a second location in Mount Pleasant.

K|LA carries denim, dresses and casual apparel with curated collections like “Office Chic” and “I’m a Cool Mom.”

The store is now open at 426 W. Coleman Blvd.

A day at the spa

A hygiene and wellness dog groomer's 100th franchise location is in northern Mount Pleasant.

Scenthound, founded in Jupiter, Fla., recently opened at 405 Faison Road.

Tara Reddy operates the chain's second East Cooper location, offering monthly dog care and hygienic services. For $35, trial visits include a bath with towel dry, ear cleaning, nail trim, teeth cleaning and a six-point wellness check.

The first Scenthound in the town opened in the south end near Queensborough Shopping Center. The chain also operates a location in Merchant's Village Shopping Center on James Island.

Then there were 2

A downtown Charleston antique store is expanding to Mount Pleasant.

Wynsum Antiques, which has operated on King Street since 2017, opened a store at 855 Houston Northcutt Blvd. in the Whole Foods- and Staples-anchored Patriots Plaza shopping center.

Both stores feature a collective of antiques and home goods dealers.

The Peninsula Co. represented the tenant while The Shopping Center Group represented the landlord.

Affordable townhomes coming to West Ashley leaves residents with mixed feelings

WEST ASHLEY, S.C. (WCSC) - A new affordable townhome development is coming to the Ardmore-Sherwood Forest neighborhood in West Ashley.The City of Charleston approved 10 new townhomes on 1555 Juniper St. The lot will include five buildings with two townhomes attached in each for a total of 10 homes. Each townhome will be about 1,100 square feet.City officials say the estimated sale price for one of the townhomes will be $278,000.The Director of Housing and Community Development for the City of Charleston Geona Shaw Johnso...

WEST ASHLEY, S.C. (WCSC) - A new affordable townhome development is coming to the Ardmore-Sherwood Forest neighborhood in West Ashley.

The City of Charleston approved 10 new townhomes on 1555 Juniper St. The lot will include five buildings with two townhomes attached in each for a total of 10 homes. Each townhome will be about 1,100 square feet.

City officials say the estimated sale price for one of the townhomes will be $278,000.

The Director of Housing and Community Development for the City of Charleston Geona Shaw Johnson says this development is a part of their homeownership initiative for first-time home buyers.

Shaw Johnson says these individuals would have to earn what they call 120% of the area median income meaning that a one-person household couldn’t make more than $88,000 a year to qualify.

This program requires an application to be considered, which can be found here.

The development is costing the city $3,385,715 to build.

“The City of Charleston annually sets aside funding for affordable housing. In addition to that the city of Charleston secures what we call fee in lieu funding from private sector developers when they’re building on mixed-use properties,” Shaw Johnson says. “Those dollars literally are dedicated to the acquisition of land and the building of affordable housing.”

The city’s affordable housing goal in its comprehensive plan states that more than 16,000 units are needed in Charleston.

“The city is working every day to increase the number of units that we have available for our community. We will not achieve sixteen thousand, but we’re at approximately a thousand plus units that are coming online in the next two years,” Shaw Johnson says.

Shaw Johnson says construction is expected to begin in about 45 days and will take 12 to 14 months to complete.

However, current residents say they feel mixed emotions about the new townhomes.

Austin Caldwell lives directly across the street from where the development will be built and he says that this is a very active neighborhood and that residents enjoy using that land for activities like playing with their dogs, but he also sees how bringing in more people could benefit local businesses and shops.

“I could see the appeal to bringing in more people, but traffic as we all know in Charleston is really bad so that could congest the neighborhood. It’s just a double-sided coin that has a lot of advantages and disadvantages,” Caldwell says. “I don’t think it’s the best idea to add apartment complexes or townhomes in this specific neighborhood.”

Caldwell also had concerns about congestion and cleanliness in the neighborhood during the time of construction.

“You’d have eighteen wheelers coming and going, off-loading and loading up equipment. You’d have like construction crews. You know, not all of them are clean, people leave trash laying around that’s just what people do, and you know dirty up the neighborhood. People aren’t going to be responsible after themselves and that leaves people like myself and other of my neighbors to clean up behind them when it comes into our yards,” Caldwell says.

Copyright 2024 WCSC. All rights reserved.

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