Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in West Ashley, 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 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.

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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 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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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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Latest News in West Ashley, SC

Commercial expansion planned for outer West Ashley

New development aims to reduce traffic by bringing retail closer to growing residential areasWEST ASHLEY, S.C. (WCSC) — City officials are moving forward with plans to expand commercial development in outer West Ashley, targeting an area between Bees Ferry Road and Glenn McConnell Parkway.The Charleston City Council approved the first reading of an ordinance Tuesday night for a planned unit development in what developers call “The Wedge” area of outer West Ashley.“The city has really been trying...

New development aims to reduce traffic by bringing retail closer to growing residential areas

WEST ASHLEY, S.C. (WCSC) — City officials are moving forward with plans to expand commercial development in outer West Ashley, targeting an area between Bees Ferry Road and Glenn McConnell Parkway.

The Charleston City Council approved the first reading of an ordinance Tuesday night for a planned unit development in what developers call “The Wedge” area of outer West Ashley.

“The city has really been trying to focus on bringing more commercial development into that area because with Grand Oaks, Carolina Bay, and the Bees Ferry corridor, we feel like there’s enough heads in beds to finally really have a nice commercial component for outer West Ashley,” Karl Brady, Charleston City Councilmember for District 5, said.

Documents show there are 85,000 residential units within a five-mile radius of West Ashley Circle. The area currently has an established Walmart and other services, but Brady said the development aims to fill the remaining section with additional retail and commercial purposes.

The planned unit development proposes three land use districts: the Outparcel District, the Financial District, and the Commercial District. The plan combines general offices and businesses with walkability to existing locations.

Brady said the development addresses the city’s goal of creating work nodes where people can live, shop and potentially work in the same area.

City officials said traffic complaints are the top concern they receive from residents. The commercial expansion aims to reduce traffic along Sam Rittenberg Boulevard and other main West Ashley arteries by bringing grocery stores and other services closer to residential areas.

“The traffic is just getting worse and worse by the day,” West Ashley resident Carter Souris said.

Some residents said they welcome the convenience of closer commercial options despite concerns about rapid development.

“It’s a lot better because then it’s quicker to drive through down here, even though the distanc,e because of how long you’d have to sit in traffic,” Max Lee, another West Ashley resident, said.

The ordinance must complete the regular approval process before moving forward.

Encampment cleared near West Ashley as homelessness rises in the Lowcountry

CHARLESTON, S.C. (WCSC) — A homeless encampment located about a hundred yards off Ashley Hall Road is now being cleared, as outreach workers say it’s part of a growing homelessness trend across the Lowcountry.Personal belongings remain scattered throughout the area, including clothing, shoes, and bedding. Crews with the HOPE Resource Center say the site is currently in the process of being addressed through outreach efforts.The encampment is one of six her organization has worked to address so far this year, reflect...

CHARLESTON, S.C. (WCSC) — A homeless encampment located about a hundred yards off Ashley Hall Road is now being cleared, as outreach workers say it’s part of a growing homelessness trend across the Lowcountry.

Personal belongings remain scattered throughout the area, including clothing, shoes, and bedding. Crews with the HOPE Resource Center say the site is currently in the process of being addressed through outreach efforts.

The encampment is one of six her organization has worked to address so far this year, reflecting what she describes as a broader rise in homelessness across the region, according to Executive Director LaTosha Jenkins-Fludd.

The encampment is located off North Woodmere Drive. Jenkins-Fludd says sites like this often form so people can remain together, particularly families or couples who want to avoid being separated.

A recent state report shows more than 450 people are experiencing homelessness across the Lowcountry, representing an estimated 14 percent increase from last year.

Jenkins-Fludd says those numbers align with what the HOPE Resource Center is seeing firsthand, including noticeable increases in unhoused seniors, women, and children. She says many people living in encampments are dealing with a range of challenges, including eviction, mental health struggles, terminal illness, or transitioning out of foster care.

“Usually when we’re made aware of an encampment, we engage with it using our own outreach specialists here in the City of Charleston,” Jenkins-Fludd said. “We go out and ask people how we can help — whether that’s access to showers, a hot meal, laundry services or case management for housing.”

She added that not everyone is immediately receptive to help, and that the organization works closely with mental health partners to address deeper needs.

The HOPE Resource Center is open four days a week and offers hot showers, a hot breakfast, and case management services. Those in need of assistance are encouraged to reach out for help.

Longtime West Ashley Indian restaurant set to open after 2-year closure

WEST ASHLEY — Two years after an Indian restaurant that was a favorite of locals shut down for a complete remodel and rebuild, it’s finally eyeing a reopening date.The only hold up? The building still needs interior walls and equipment.Balvinder Banga originally expected the overhaul of Nirlep at 908 Savannah Highway to take about seven months. Instead, the project is nearing the two-year mark.She’s now hopeful the fully rebuilt space will be ready by early 2026, ideally in January.As part of the...

WEST ASHLEY — Two years after an Indian restaurant that was a favorite of locals shut down for a complete remodel and rebuild, it’s finally eyeing a reopening date.

The only hold up? The building still needs interior walls and equipment.

Balvinder Banga originally expected the overhaul of Nirlep at 908 Savannah Highway to take about seven months. Instead, the project is nearing the two-year mark.

She’s now hopeful the fully rebuilt space will be ready by early 2026, ideally in January.

As part of the refresh, Banga unveiled a new logo on the outside of the Charleston building featuring an Indian man wearing sunglasses — a visual cue, the owner said, to clearly signal that Nirlep serves Indian cuisine.

The logo and the refreshed interior will be the most notable changes to the dining experience.

“It will be the same menu, same everything,” Banga said. That includes Nirlep’s popular lunch buffet.

Nirlep closed at the end of 2023 after persistent issues with the aging structure, particularly its plumbing, Banga said.

What followed was a full demolition down to the slab. The new building will feature a larger kitchen, two clay ovens — one for the restaurant’s variety of tandoori-roti breads and another for chicken — as well as a bar with seating and a semi-private dining room that can hold about 20 guests.

Banga is also considering adding outdoor seating behind the building.

Many longtime staff members plan to return, and Banga will remain in the kitchen cooking her secret-sauce chicken tandoori, spicy Krahi chicken and chicken tikki masala.

She and her husband, Dilawar Banga, first opened Nirlep in 2002, naming it after their son. They purchased the building in 2008 for $485,000, according to county records.

Despite construction delays, customer demand hasn’t waned. Banga said diners as far as Summerville continue to ask when Nirlep will reopen. All of the restaurant’s new furniture is sitting in a warehouse, ready to be moved in once the renovations are complete.

Nirlep’s return comes as Charleston’s Indian dining scene continues to grow.

In recent years the Lowcountry area has welcomed Spice Palette in Mount Pleasant, Ma’am Saab, the Pakistani restaurant and cocktail bar from the owners of the more casual Malika Canteen in Mount Pleasant, and most recently, Riviat, a higher-end Indian restaurant which opened in the Cannonborough/Elliotborough neighborhood in September.

New pediatric unit opening in West Ashley through hospital collaboration

CHARLESTON, S.C. (WCSC) — Roper St. Francis and the Medical University of South Carolina Children’s Health have teamed up to open a pediatric center in West Ashley that officials say addresses a needed gap in local care.“This is really the first step in this collaboration,” Dr. John Pastore, Roper St. Francis Pediatric Medical Director, said.Medical officials said the new facility addresses a gap in pediatric care as the Charleston area continues to grow.“Charleston metropolitan area continu...

CHARLESTON, S.C. (WCSC) — Roper St. Francis and the Medical University of South Carolina Children’s Health have teamed up to open a pediatric center in West Ashley that officials say addresses a needed gap in local care.

“This is really the first step in this collaboration,” Dr. John Pastore, Roper St. Francis Pediatric Medical Director, said.

Medical officials said the new facility addresses a gap in pediatric care as the Charleston area continues to grow.

“Charleston metropolitan area continues to grow, so do the family sizes, of course, and Shawn Jenkins has grown with it, but the pace of our population growth has outpaced even what Shawn Jenkins can serve,” Dr. Megan Baker, Chief Clinical Officer at Roper St. Francis Healthcare, said.

Some residents said traveling downtown for pediatric care presented challenges, including parking difficulties, flooding, traffic and childcare issues.

The new center will treat low-acuity pediatric conditions for patients requiring shorter hospital stays.

“I want to focus on the type of care where patients will be in the hospital for a shorter amount of time and have a lower severity of illness, so things that are easy to manage, such as pediatric mild asthma exacerbations, community-acquired infections and community-acquired pneumonia,” Pastore said.

One of the center’s main goals is maintaining family unity during treatment.

“Closer to home for many of our patients and keeping families together,” Baker said.

The children’s ward starts with eight rooms and will expand to 16, including a lab and other inpatient services. The facility includes a playroom that doctors said children need for recovery.

“This is being hospitalized is such a stressful time for children. Trying to preserve some semblance of normalcy is so important. Thus, we have pet therapists. We’re going to have child life specialists and even just a little playtime. One of the reasons I went into pediatrics is because children do not become their disease. Children want to be children, and this is how we promote that, and that’s part of their well-being,” Pastore said.

Officials said this represents the beginning of expanded services they plan to provide. Staff hope for the center to open in early December.

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