Probate Lawyer in Chesnee, SC
If there's one thing that most families can agree on, it's that losing a loved one is tough. It's a grief-stricken time often filled with sleepless nights and free-flowing tears. Between notifying friends, planning funeral services, and working through your own emotions, the thought of Estate Administration is the last thing on your mind. But you know something must be done. You feel obligated to do something about your family member's estate but aren't sure how to proceed or when to do it. You're probably wrestling with hard-to-answer questions like:
- What Happens with My Loved One's Estate?
- What Happens During the Estate Administration Process?
- How Long Will It Take?
- Do I Receive Compensation for My Time?
- What State is Probate Taking Place?
That's where CHSA Law comes in - to help guide you through the complicated processes of probate court in South Carolina. Because the truth is, probate can be confusing and intimidating if you're ill-equipped to deal with the court's procedures and inner workings. There is legal paperwork to draft and file, petitions to publish, notices to serve, bonds to file, and a long list of rules that you must adhere to during this time. With a probate lawyer in Chesnee, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.
Service Areas
What is a Probate Attorney in Chesnee, 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 CHSA Law, 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 CDH Law Firm just makes good sense.
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 Chesnee, 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.
Our attorneys love probate and estate-related legal services, including but not limited to the following:
Estate Administration
When our probate lawyers assist with Estate Administration, our team prioritizes efficacy and efficiency to ensure all tasks are accomplished correctly and on time. That way, our clients endure less stress while looking good in front of family members.
Estate Disputes and Litigation Cases
When an Estate is disputed and requires litigation, CHSA Law probate attorneys fight to win on our client's behalf. From holding unfaithful Executors accountable to contesting Wills, our team searches for the best way to achieve our client's goals.
Trust Administration
Things get more complicated in probate cases where Trusts are involved. To ensure that the terms of the Trust are met and handled correctly, our team works closely with clients to advise them on how to proceed.
Trust Disputes and Litigation Cases
Every Trust is different. By proxy, every Trust dispute must be handled in a unique manner. After a careful analysis of the Trust and South Carolina law, our team will determine the best strategy to achieve our client's goals.
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 Chesnee, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.
Steps to the Probate Process in South Carolina
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.
A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.
A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.
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.
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.
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.
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.
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
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
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 Chesnee, 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.
My family member recently passed away, and we're considering their estate. How long will the probate process take?
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.
My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?
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 Chesnee, 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.
What happens when somebody dies without a will in South Carolina?
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.
Legal 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 Chesnee, 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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843-936-6680
Latest News in Chesnee, SC
Chesnee High School students hold vigil
Sumner Moorerhttps://www.foxcarolina.com/2023/10/01/chesnee-high-school-students-hold-vigil/
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CHESNEE, S.C. (FOX Carolina) - Students, families, and staff from Chesnee High School came together for a vigil on Saturday night. It took place at 7:00pm in the bus loop of the school.
They lit candles and said prayers for the families affected by what the school’s principal calls a “terrible tragedy” that happened on Friday.
At the vigil, Dustin Sitton said, “Well, I just wanted to show you know support and love once again to the families and to show that we’re here if anything happens. If they need any like comfort we’re always here.”
On Friday, Chesnee High School Principal, Eric Gerstenacker sent a message to families. Part of it says, “It is with the heaviest of hearts that I share this communication. A short while ago, a terrible tragedy struck our community…”
The principal went on to say that the football game originally scheduled for Friday, September 29, has been postponed.
At this time, the school is not releasing any additional information about the tragedy.
Copyright 2023 WHNS. All rights reserved.
Labor Day Festival in Chesnee
Tammy Joneshttps://www.wspa.com/your-carolina/labor-day-festival-in-chesnee/
It is time for some fun in the sun in Chesnee at their Labor Day Festival. We have Tim Lawter and Shellie Main here with all the details.cityofchesnee.orgCopyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Skeletal remains...
It is time for some fun in the sun in Chesnee at their Labor Day Festival. We have Tim Lawter and Shellie Main here with all the details.
Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Skeletal remains found on Laurens Co. property
Skeletal remains found on Laurens Co. property
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South Carolina community comes together after tragic crash kills 3 of their own
Carlos Cristian Floreshttps://www.wyff4.com/article/south-carolina-community-comes-together-after-tragic-crash-kills-3-of-their-own/45419938
CHESNEE, S.C. —The community of Chesnee was struck by tragedy after a deadly crash killed three people and seriously injured a driver Friday.Anyone you speak to in Chesnee will tell you they are a small town with big hearts.This idea was no different Monday, as people across the community came together not only to watch a football game but to remember their own."...
CHESNEE, S.C. —
The community of Chesnee was struck by tragedy after a deadly crash killed three people and seriously injured a driver Friday.
Anyone you speak to in Chesnee will tell you they are a small town with big hearts.
This idea was no different Monday, as people across the community came together not only to watch a football game but to remember their own.
"It's been very sentimental but everyone has been very sad. Everyone has been in a very somber mood throughout the whole school," Student Camila Tiley said.
"Just everyone in general. Whether you have a student in school or you don't. They whole community has been affected," Community member Shana McDonald said.
First responder, Juan Gomez and his partner, tried to do all they could Friday afternoon as he looked back on the day.
"We pulled up on scene and I can see was a big ball of fire in the wood. The first thing that kicked in me was job to do what we have to do," Gomez said, "It's been hard these several days."
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Students said the first day back in school since the incident was hard. However many felt the support of the community.
"It’s definitely a close community. I didn't grow up here. I actually moved here my sophomore year and I moved from different schools and stuff and I can see how close this community is," Tiley said.
The field was filled with yellow and black ribbons. There was also a banner of support given by Landrum students. Emotions were strong. Support was strong. The community was Chesnee strong.
"Chesnee is family. Whether you grew up here or you moved here and been here for a little while, Chesnee has always been family," McDonald said.
Many say they are sending their thoughts and prayers to the families affected and more than $1,700 were donated to support them during this difficult time.
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Spartanburg area's top high school fall sports performers: Chesnee golf stars shine again
Sam Albuquerquehttps://www.goupstate.com/story/sports/high-school/2023/09/26/south-carolina-high-school-sports-spartanburg-areas-top-fall-sports-performers-schsl/70889734007/
The South Carolina high school fall sports season is in full swing. Here are the area's top performers for this week's athletic events featuring schools from Spartanburg, Cherokee and Union counties.MondayGirls GolfAddy Parker, Chesnee: At the Lady Patriot Invitational, Parker finished tied for the third, with a score of 74, to help Chesnee win the tournament with a score of 315. The Eagles continue to dominate on their way to ...
The South Carolina high school fall sports season is in full swing. Here are the area's top performers for this week's athletic events featuring schools from Spartanburg, Cherokee and Union counties.
Monday
Girls Golf
Addy Parker, Chesnee: At the Lady Patriot Invitational, Parker finished tied for the third, with a score of 74, to help Chesnee win the tournament with a score of 315. The Eagles continue to dominate on their way to defending their state championship.
Olivia Roberts, Chesnee: Roberts has again won a tournament's individual title, this time it comes after shooting a 71 at the Lady Patriot Invitational.
Girls Volleyball
Karson Browning, Boiling Springs: In two matches on Monday against Landrum and Spartanburg Christian — both of which the Bulldogs won, 2-0 and 2-1 respectively — Browning had seven kill blocks and 12 kills.
Grace Shepherd, Boiling Springs: Shepherd combined to have 21 assists, 14 kills, 11 digs and four aces in Boiling Springs' wins on Monday.
TOP MIDSEASON VOLLEYBALL PLAYERS:Meet the 2022 Herald-Journal All-Spartanburg girls volleyball teams, player of the year
Harley Grady, Chesnee: In a 2-3 loss to East Rutherford, Grady led the Eagles' back row with 23 digs, while adding two aces.
Pearl Holloway, Chesnee: Holloway continues her stellar season, adding 31 assists, 37 digs and 13 kills to her season totals.
Hayden Roberts, Chesnee: Roberts matched Holloway with 13 kills and added 27 digs.
Tuesday
Boys Swimming
Finn McEnroe, Spartanburg: In a meet against Pickens and Easley, McEnroe won four races, the individual 200 yard medley and the 50 yard freestyle. He was also part of the winning 200 yard medley relay and 200 yard freestyle relay team.
Paul Whisnant, Spartanburg: Whisnant won three events, including the 200 freestyle, 100 yard butterfly and was part of the 400 yard freestyle relay team.
Girls Swimming
Teagan McEnroe, Spartanburg: On the girls' side of Spartanburg's meet against Pickens and Easley, McEnroe won three events, the 200 freestyle, 100 yard backstroke, and was part of both the 200 freestyle relay team and 400 freestyle relay team.
Caroline Byers, Spartanburg: Byers won three races, the 100 butterfly and was part of both the 200 freestyle relay team and 400 freestyle relay team.
Girls Golf
Olivia Roberts, Chesnee: At the Jack Golf Tournament, Roberts led the Eagles to a second victory in two days, beating T.L. Hanna by two strokes. Roberts finished with the tournament's third-best score, 73.
Girls Volleyball
Ellie Anderson, Byrnes: In a 3-0 loss to Gaffney, Anderson led the Rebels with nine kills and six blocks.
Wednesday
Girls Tennis
Isabel Helms, Dorman: In the Cavaliers' 5-1 win over Boiling Springs, Helms swept the No. 1 match: 6-3, 6-1.
Hayden Lawson, Dorman: In the No. 2 match, Lawson also swept her opponent: 6-0, 6-1.
Marlie Punch, Dorman: Punch also swept in the No. 3 match: 6-1, 6-1.
Sam Albuquerque covers high school sports for the Spartanburg Herald-Journal. Please send top performer nominations and statistics to Salbuquerque@Gannett.com. Check back for updates, this story will be updated throughout the week.
Chesnee wrestling wins first state championship, dominating Buford for Class AA crown
Todd Shanesyhttps://www.goupstate.com/story/sports/high-school/2024/02/10/sc-high-school-wrestling-chesnee-wins-state-championship-buford-schsl/72486969007/
Chesnee won its first state championship in wrestling Saturday with a dominant 39-19 decision against Buford in the Class AA high school finals in Columbia.It was the first time the Eagles had been to the title match since 2011.“We kind of surprised everybody that year. We were so new,” said Chesnee coach Jon Rentz, who started the program in the 2008. “Even back then, I told everybody that we had...
Chesnee won its first state championship in wrestling Saturday with a dominant 39-19 decision against Buford in the Class AA high school finals in Columbia.
It was the first time the Eagles had been to the title match since 2011.
“We kind of surprised everybody that year. We were so new,” said Chesnee coach Jon Rentz, who started the program in the 2008. “Even back then, I told everybody that we had a community that was made for wrestling. We had some tough kids who liked to work and hold themselves accountable. That’s what this team was all about.”
The Eagles (27-3) came in ranked No. 1 in the classification. They lost to eventual champion Liberty in last season’s playoffs but beat that team three times this season, including Wednesday in the Upper State final, 36-30.
“I was worried about having a match like that on Wednesday and turning around to have to wrestle again Saturday,” Rentz said. “Liberty is a great team. I wondered if we had enough gas in the tank. Our kids came back on Thursday and they were right back to the grind like nothing happened.”
Chesnee’s championship-clinching victory was in a match that didn’t even take place.
Buford had no wrestler at 106 pounds, so freshman Eli Barnill was given a forfeit win to mathematically eliminate the Yellow Jackets with three matches remaining. Chesnee junior Aiden Allen had just given the Eagles a commanding 30-15 lead with a major decision at 285.
Thad Gerstenacker, a sophomore who is ranked No. 1 at 138, won by pin to put Chesnee up early, 10-3. Senior Austin Bigford had a pin at 175 to make it 26-6.
Chesnee also got wins from sophomore Wyatt Hawk at 126 by major decision, sophomore Quinton Gerstenacker at 144, senior Malachi Hill at 150, senior Gunther Gerstenacker with a major decision at 166.
Hill had to face Mason Deese, the state’s fourth-ranked wrestler at 138 but moved up two weight categories, seemingly to avoid Thad Gerstecker and also twin brother Quinton, at 144.
“I think the biggest match today was Malachi Hill at 150,” Rentz said. “They pushed one of their best wrestlers to him and Malachi answered the challenge to win a decision (7-0). He was awesome today. It was fun to watch.”
Individual state championships, which include girls teams for the first time, will take place Feb. 23-24 in Anderson.
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