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.

lm-head-start

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.

lm-head-start

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
lm-head-start

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.

Free Consultation

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.

Contact Us

phone-number 843-936-6680

Latest News in Boiling Springs, SC

Several new developments planned for Highway 9, residents concerned about traffic

BOILING SPRINGS, S.C. (FOX Carolina) - Realtors are calling it a development boom! Highway 9 in Boiling Springs has seen major growth over the last 10 years with no signs of slowing down.“You know as a kid, the only real growth and development was on the East side of Spartanburg and the West side,” said Andy Hayes, the Vice President of Spencer Hines Properties.Now Spartanburg’s growth is happening on the highways. Spencer Hines Properties agents have been busy making deals on Highway 9.“10 years ...

BOILING SPRINGS, S.C. (FOX Carolina) - Realtors are calling it a development boom! Highway 9 in Boiling Springs has seen major growth over the last 10 years with no signs of slowing down.

“You know as a kid, the only real growth and development was on the East side of Spartanburg and the West side,” said Andy Hayes, the Vice President of Spencer Hines Properties.

Now Spartanburg’s growth is happening on the highways. Spencer Hines Properties agents have been busy making deals on Highway 9.

“10 years ago I would have thought you know it’s got to come to an end on Highway 9 in Boiling Springs, and then five years ago I would have said the same thing and we’re still saying that now but it’s phenomenal what continues to happen,” he said.

Highway 9 has a lot of empty land, selling for as high as $1 million dollars an acre. But developers are buying and change is coming fast.

“There will be other new projects that start next week, I mean it’s that active up there,” said Hayes.

Spencer Hines has already sold land for a car wash, Culvers, a BBQ restaurant, retail strip, coffee shop and family entertainment center with bowling and an arcade. Also a large Target development, behind the store will be more than 100 apartments and a townhome community. These projects are just half of the recent deals.

On Facebook we asked for your thoughts. Through more than 100 comments from Boiling Springs residents, many were excited and asking for more. Others have concerns, some comments saying---

“We do not need anymore apartments or housing. We are full!”

“Too many accidents..too many people..too much growth.”

“I feel that the infrastructure is not prepared”

If voters approve the next penny tax in November, Highway 9 is listed for corridor road improvements, but that could be years down the line.

“I think it’s a double-edged sword. People are excited about having it but they’re also going to have to deal with additional traffic that comes along with that,” said Hayes.

Copyright 2023 WHNS. All rights reserved.

Whataburger in SC? Spartanburg County is getting 4

SPARTANBURG — Texas-born burger chain Whataburger is setting up shop at four different locations in Spartanburg County. Two will be in the city of Spartanburg, one in Boiling Springs and one in Duncan.“Four Whataburgers in Spartanburg makes an incredible statement in the Southeast that they chose us over all the places they could be,” Spartanburg County Councilman David Britt, who chairs the county’s economic development committee, told The Post and Courier on June 16.The four Spartanburg restaurants wou...

SPARTANBURG — Texas-born burger chain Whataburger is setting up shop at four different locations in Spartanburg County. Two will be in the city of Spartanburg, one in Boiling Springs and one in Duncan.

“Four Whataburgers in Spartanburg makes an incredible statement in the Southeast that they chose us over all the places they could be,” Spartanburg County Councilman David Britt, who chairs the county’s economic development committee, told The Post and Courier on June 16.

The four Spartanburg restaurants would be the eastern-most spots for the chain that developed a passionate and loyal following in its home state. A Whataburger planned for Anderson makes at least five known locations planned for South Carolina. It’s part of a wider expansion across the country.

In 2019, Chicago-based investment firm BDT Capital bought a majority stake in the company with plans to expand the brand. Soon after, Whataburger began opening restaurants in Missouri, Tennessee and Colorado. There are now more than 930 restaurants in 14 states, South Carolina not included. But that will change.

The city of Spartanburg approved the site plan for a location on 1510 W. O. Ezell Blvd. The burger chain is also looking at a location on East Main Street, but the site review is still pending and city officials did not give the address. It’s unclear when construction will start at either location.

“It’s good to see them reaching out to good ol’ Spartanburg heading out east,” said local realtor Santiago Mariani. “I’ve heard nothing but great reviews. There’s a sense of excitement, and that has me excited.”

The Boiling Springs location will be across from a Quick Trip at the entrance to a new Target on Highway 9.

Ben Hines, the president of Spencer/Hines Properties, brokered the deal to lease the land to Whataburger, and said the new Boiling Springs development would bring a lot of tax revenue to the county and would help the growing area.

SPARTANBURG — The new Spartanburg County Courthouse is scheduled to open to the public on Jan. 22 with construction now complete on the 344,000-square-foot building.

The $120 million facility at West St. John and Magnolia streets includes 17 courtrooms, one hearing room, a jury assembly room, jury deliberation rooms and other space for future use. Funding for the project was approved by voters in 2017 when they passed a 1-cent sales tax increase. The building’s highest point reaches 124 feet. The new courthouse is more than three times the size of the existing courthouse.

“It is spectacular, not only in appearance, but makes a statement about who we are and where we are going,” Spartanburg County Councilman David Britt told The Post and Courier. “The old courthouse opened in 1957, and it was built when the county’s population was just over 100,000 people. We needed a new courthouse in the ’90s but couldn’t afford a new courthouse at that time due to finances.”

Judicial Planning Associates reported in May 2017 the Spartanburg Judicial Center at 180 Magnolia St., Spartanburg, needed to be replaced because it no longer met the required standards for technology or security required for courts. The old county courthouse will be demolished in 2024, and a plaza will be built in its place. The new courthouse design includes white precast exterior with classical architecture. A parking deck garage with 700 spaces was completed in 2021 at Library Street as part of the overall construction project.

Spartanburg County Clerk of Court Amy Cox said in a statement the current courthouse will be closed from Jan. 8 through Jan. 19 to normal traffic during staff’s transition to the new building.

“Our staff members will still be working, answering phones and emails, processing filings and sending required notices,” Cox said. “There may be times when our phones and computers are in transition.”

The only non-employees who will be allowed in the old building during the move will be attorneys, litigants and witnesses who are on the small family court docket. No one else will be allowed in the building for any other reason. A drop box will be located at the front entrance for any paper filings for any court located in the building.

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.

TRACK AND FIELD:Spartanburg-area athletes' top performances at SCHSL track and field state championships

RESIGNATION:Chapman baseball coach Steven Fusaro resigns for Chesnee Middle assistant principal job

FOOTBALL QUESTIONS:Burning questions for every Spartanburg area football team in spring practice

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

Infinite Scroll Enabled

GET LOCAL BREAKING NEWS ALERTS

The latest breaking updates, delivered straight to your email inbox.

Your Email Address

Privacy Notice

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.”

Recommended

No. 1 Michigan overpowers No. 2 Washington 34-13 for first national title since '97

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?

Disclaimer:

This website publishes news articles that contain copyrighted material whose use has not been specifically authorized by the copyright owner. The non-commercial use of these news articles for the purposes of local news reporting constitutes "Fair Use" of the copyrighted materials as provided for in Section 107 of the US Copyright Law.
,