Probate Lawyer in Boiling Springs, SC

About The CDH 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 Boiling Springs, 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 CHSA Law, 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 CDH 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 Boiling Springs, 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 Boiling Springs, SC
Probate Lawyer Boiling Springs, 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 Boiling Springs, 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 Boiling Springs, 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 CDH 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 CHSA Law, LLC, our team of experienced probate lawyers in Boiling Springs, 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 CHSA Law, LLC, today.

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Latest News in Boiling Springs, SC

How Hudson Wilson's clutch plays put Boiling Springs baseball in AAAAA Upper State final

Boiling Springs baseball coach Jeff Lipscomb, after his team won an elimination game Monday night and reached the Upper State high school championship, had one more question for his team in the postgame circle.“Who would you rather have up in the biggest spot than this guy?” he said, pointing to senior catcher Hudson Wilson.It was a rhetorical question.Wilson’s eighth-inning,...

Boiling Springs baseball coach Jeff Lipscomb, after his team won an elimination game Monday night and reached the Upper State high school championship, had one more question for his team in the postgame circle.

“Who would you rather have up in the biggest spot than this guy?” he said, pointing to senior catcher Hudson Wilson.

It was a rhetorical question.

Wilson’s eighth-inning, game-winning hit off the right-field fence scored Luke Compton from third base, and it might be a tie between them for slowest 90 feet in high school baseball history.

“I was just walking,” Wilson said. “All we needed was a sacrifice fly right there.”

They both made it, eventually, and Boiling Springs beat T.L. Hanna, 2-1, triggering the celebration of a dramatic comeback. The Bulldogs were being shut out and down to their final three outs in the seventh.

Boiling Springs (19-8) will play at 5 p.m. Wednesday at Blythewood (20-4) and needs to win twice to advance to the state championship.

Hudson, who went 3-for-4, made one of the defensive plays of the game in the top of the eighth and his highlight inning was just getting started.

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Hudson, an Anderson University signee, caught a runner leaning too far off first on a failed bunt attempt and that led to a shutdown inning and a chance for a walk-off in the bottom half.

“What a great night for No. 7,” Lipscomb said. “Picks that guy off and does the job catching (starting pitcher and Clemson commit) Jackson Cole all night long and then comes up with the game-winner. Mr. Clutch.

“... Man, he was fun to watch.”

Unexpected pitchers' duel with Clemson commit

It was a pitchers’ duel, which was normal in the Upper State finals because three runs by T.L. Hanna in the first round against Lexington is now considered an offensive explosion.

But this one was rather unexpected because it was between Clemson commit Jackson Cole of Boiling Springs and T.L. Hanna freshman Easton Thomas.

Cole reached his 110-pitch limit in the eighth. He struck out nine, walked three and allowed six hits. Thomas went six-plus and had a 1-0 lead when he departed in the seventh with a runner on first.

T.L. Hanna baseball is ahead of schedule

Hanna’s final record won't be all that impressive, 12-11, but the Yellow Jackets went 7-2 in their region during a rebuilding season.

They lost 13 seniors after last season, had two returning offensive players with more than 30 at-bats and just one pitcher with significant experience.

“I just loved the growth and maturity,” Hanna coach Daniel Crenshaw said. “We were so young and not a lot of people expected a lot from us. But these guys competed their tails off.”

Upstate woman honors deceased sister, hires those with disabilities through new bakery

"Sissy's Sweets" is a vision turned reality, symbolic of a bond between two sisters Infinite Scroll Enabled GET LOCAL BREAKING NEWS ALERTSThe latest breaking updates, delivered straight to your email inbox.Your Email AddressPrivacy Notice BOILING SPRINGS, S.C. —"Sissy's Sweets" now has a physical store location in Boiling Springs. However, the ...

"Sissy's Sweets" is a vision turned reality, symbolic of a bond between two sisters

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BOILING SPRINGS, S.C. —

"Sissy's Sweets" now has a physical store location in Boiling Springs. However, the journey of baking as a career pathway for owner Miranda Gilbert began back in 2020 out of her home, following the death of her sister, 22-year-old Erika.

"My little sister, her name was Erika and she was six years younger than me," Gilbert said. "She had Down syndrome. My family liked to say she was my soulmate, not just my sister. She was my best friend in the entire world. We loved to bake together. That was one of the many things we loved to do together.”

Gilbert said the two developed a love for baking early on, and it quickly became a hobby that would have an everlasting impact.

“After that, [Erika's passing] I just immediately knew I wanted to start Sissy’s Sweets in her honor,” Gilbert said.

Inside the bakery and coffee shop, you'll notice several large photos hanging on the walls that encompass Erika's larger-than-life personality as well as her love for baking.

Gilbert said the two always talked about opening a shop together, and now she has an opportunity to fulfill that mission.

"Her favorite part of baking was eating," Gilbert said, laughing. "With her having Down syndrome, my goal with Sissy’s Sweets was to give her a job opportunity as she got older, so now that I can’t do it with her.I just say I’m doing it for her.”

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As another way to honor her sister, Gilbert plans to hire individuals with a range of disabilities.

"I'm selfish and just love seeing their sweet faces," Gilbert said. "But it's all about loving them and giving them a chance. They can do anything just like anybody else, and a disability shouldn’t hold them back just because they’re differently able than other people.”

As you exit Sissy's Sweets, a sign above the door is hard to miss. It reads, "Thank you for come to see me."

“We know she’s in heaven, and she’s happy, but she would really love to be here getting all this attention and eating some cupcakes,” Gilbert said.

"Whenever we had Christmas or anything with our family or a big group of people, she always had to give a speech and stand in front of everybody," Gilbert said. "She’d always say thank you for come to see me.”

Sissy's Sweets is set to have its soft and grand openings by next month.

Three Parks in Boiling Springs Your Kids Will Love

Do you live in Boiling Springs or travel there often? If so, there are three great parks in Boiling Springs you are going to love. Read below to find out which of these Boiling Springs parks is the right one for your family to visit today.Living in Boiling Springs, I often put the kids in the car to escape the confines of the house by venturing to one of the local parks. Within the fast-growing Boiling Springs community, there are three outstanding parks just a few minutes of one another for the locals to enjoy. No matter wha...

Do you live in Boiling Springs or travel there often? If so, there are three great parks in Boiling Springs you are going to love. Read below to find out which of these Boiling Springs parks is the right one for your family to visit today.

Living in Boiling Springs, I often put the kids in the car to escape the confines of the house by venturing to one of the local parks. Within the fast-growing Boiling Springs community, there are three outstanding parks just a few minutes of one another for the locals to enjoy. No matter what part of North Spartanburg you live in, these parks are all worth the short drive it takes to get your family out of the house. Each park is perfect for playdates with friends, picnics with families, or even quiet solo walks.

Three Great Boiling Springs Parks You Should Visit

For more great parks, don’t miss our Guide to Parks in Spartanburg County.

Location, location, location! The Boiling Springs Community Park is located right in the center of town – conveniently located behind the Fire Station, Lowe’s, and beside Walmart. Parents can easily reward their children for shopping with them with a stop at the park on the way home.

This park includes swings, a playground for big kids, and a playground for little kids. It also includes a paved walkway that is great for young ones learning to ride bikes or roller skate. There is a lovely gazebo and covered picnic tables for families wanting to pack a picnic.

Another great thing about this park is that it is not as crowded as some of the larger parks in the area as it is not connected to any sports fields. One thing to keep in mind when you visit is that the only restroom is a porta-potty and there is little shade.

Boiling Springs Community Park182 Rainbow Lake Road, Boiling Springs

If you want an outdoor space that has several options, head to Va-Du-Mar McMillan Park. This is a large recreational park that hosts soccer fields, tennis courts and a disc golf course, all in addition to a huge playground for the kids. There are covered picnic tables here as well.

McMillan Park’s playground area is fenced in, which is nice considering the size of the entire park. When you arrive with your children, you can feel safe knowing they are within a confined space with plenty of room to roam and explore. The playground includes a giant playset for big kids and a smaller playset for toddlers. It has several swings, slides and climbers. It also has a musical section. Even on the busy days, your children will find something to play on and areas to run and play.

If you are in the mood to explore nature, you can head over towards the disc golf area. This wooded section has disc golf goals along a marked trail, and it also has a creek with some sitting areas. My kids love to hike through the woods, walk over the bridges and visit the creek.

This park does serve as a sports complex, so some days may be more crowded than others. However, on these busy sporting days, the park is still a safe place for kids to get out their energy. Keep in mind that while this park does have restrooms, they are located by the concession stand (which is a bit of a walk). Additionally, the playground has no shade, so pack your sunscreen!

Va-Du-Mar McMillan Park591 McMillan BoulevardBoiling Springs

If you have little ones who are just starting to walk or a child with disabilities, this is the park for you! The playground section of North Spartanburg Park (Miracle Park) is a fully-accessible park that includes a soft-surface playground and amenities.

This brightly colored playground is a big hit for younger children because the playset is made of ramps. Even the most hesitant climbers will be able to make their way up to the top of the playset using the ramps. It also includes fun imaginative areas such as a theater and a musical ensemble set.

Another reason this playground is a hit is because it is fenced in. Between the fence and the soft surface, you will feel comfortable letting your children explore independently. There are a few benches to sit on within the fenced-in area as well.

In addition to the playground, North Spartanburg Park is also the home of a BMX track, baseball fields, and a walking trail. The complex can become crowded, but there is plenty of parking. There are also restrooms located by the concession stands. Just remember to pack sunscreen as the playground area is not shaded.

North Spartanburg Park1160 Old Furnace RoadBoiling Springs

What’s your family’s favorite Spartanburg park?

The Boiling Springs Christmas Parade is a Spartanburg Favorite [2023 parade is cancelled]

Thinking about heading to the Boiling Springs Christmas Parade? We have all the information on the parade, plus nearby restaurants where you might want to grab breakfast before the parade or lunch afterward. The 2023 Boiling Springs Christmas Parade has been cancelled due to weatherChristmas parades are a huge part of the holiday season for families. They’re a time for communities to show off their talented members and for children to get that first glimpse of Santa Claus. One of Spartanburg&...

Thinking about heading to the Boiling Springs Christmas Parade? We have all the information on the parade, plus nearby restaurants where you might want to grab breakfast before the parade or lunch afterward.

The 2023 Boiling Springs Christmas Parade has been cancelled due to weather

Christmas parades are a huge part of the holiday season for families. They’re a time for communities to show off their talented members and for children to get that first glimpse of Santa Claus. One of Spartanburg’s most popular parades is the one that takes place in Boiling Springs.

This year’s Boiling Springs Christmas parade will start at 10 am on Saturday, December 2nd, 2023. The Parade will line up at Highway 9 and Blalock Road at SubWay, and end behind the Clock Restaurant on Double Bridge Road. Attendants will be on hand to direct the line-up for overflow attendees in the Parade.

They are expecting a very large participation in the 2023 Boiling Springs Christmas Parade and are advising people to come early to get a good place along the route to see the parade and for the kids to collect the candy that will be tossed off many floats.

Parade organizers thank the volunteers, law enforcement officers, Boiling Springs Fire Department, parade participants, and those who come out to enjoy and support their efforts.

KAS Reader Boiling Springs Christmas Parade Advice

Bring a bag for all the candy that gets thrown at you!

KAS Reader, Danielle

Where to Eat Along The Parade Route

If you are looking for a place to grab a bite before, during or after the parade, these are just a few of the options Boiling Springs has to offer.

Subway – 2634 Boiling Springs Road(The starting point of the parade)

The Clock Restaurant – 3597 Boiling Springs Road(The ending point of the parade)

Taco Grill – 3442 Boiling Springs Road

Firehouse Subs – 3605 Boiling Springs Road

Bertolos of Boiling Springs – 2640 Boiling Springs Road

Dining After The Parade

The 8.6 Pho – 4082 Highway 9

Thai Y’all – 3720 Boiling Springs Road

Manny’s Restaurant – 2520 Boiling Springs Road

The parade goes on rain or shine, so make sure to come prepared. Hot chocolate in a thermos is a time-honored way to keep everyone warm during parade season!

Sissy’s Sweets in Spartanburg providing jobs for people with disabilities and honoring sister’s memory

SPARTANBURG, S.C. (FOX Carolina) - There’s a new bakery on Highway 9 in Boiling Springs called Sissy’s Sweets. The store opened the doors Wednesday morning. The idea behind this bakery is much more than satisfying a sweet tooth, the owner is honoring a loved one while also creating a safe space for people with disabilities.“I will say, I probably did more of the baking and she did more of the eating,” laughed Miranda Gilbert, talking about her sister and best friend, Erika Gilbert. “That girl loved to eat...

SPARTANBURG, S.C. (FOX Carolina) - There’s a new bakery on Highway 9 in Boiling Springs called Sissy’s Sweets. The store opened the doors Wednesday morning. The idea behind this bakery is much more than satisfying a sweet tooth, the owner is honoring a loved one while also creating a safe space for people with disabilities.

“I will say, I probably did more of the baking and she did more of the eating,” laughed Miranda Gilbert, talking about her sister and best friend, Erika Gilbert. “That girl loved to eat but we always had so much fun it was usually like late nights making cupcakes or cookies.”

Erika had down syndrome, baking with her sister was one of her favorite pastimes.

“After she passed away, I just knew that I wanted to start Sissy’s Sweets,” said Gilbert, the owner of the desert shop.

Turning her two-year side hustle into a brick-and-mortar business took a year of work. And day one had already been rewarding. They sold out before noon.

“We open at 8:00 but there were already people lined up about 7:45 ready to come in,” said Gilbert.

The shop honors her sister in many ways, from her favorite color on the wall, to the staff behind the counter.

“We have about 10 employees right now that have different disabilities and different special needs. So giving them a place to work and feel safe and you know feel like they’re just being their best self, I love that. That’s one of my main goals with this whole idea,” said Gilbert.

Turning a dream into a reality, her best friend would be proud of.

“I could just imagine her sitting in that seat just eating the cupcakes and eating the ice cream and she wouldn’t be working she’d be eating I already know, and just talking to people and talking to the cute boys that’s what she’d be doing. But I know she’s watching and she’s excited,” she said.

Gilbert and her crew make cupcakes, cinnamon rolls, cookies, muffins, the already popular apple cider caramel donuts and so much more. You can swing by anytime between 8:00 am and 5:00pm at 2520 Boiling Springs Road.

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