Probate Lawyer in Cleveland, 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 Cleveland, 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 Cleveland, 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 Cleveland, SC
Probate Lawyer Cleveland, 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 Cleveland, 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 Cleveland, 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 Cleveland, 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 Cleveland, SC

It’s Impossible Not To Love The Most Eccentric Town In South Carolina

Nothing says South Carolina more than the tiny lovable little communities scattered all over our fine state. Some of them are just census-designated with seemingly no desire to incorporate into an official town. But we still use the word “town” interchangeably due to the sense of community found in these small places. Such is the case with the little “town” community of Cleveland, SC – where what yo...

Nothing says South Carolina more than the tiny lovable little communities scattered all over our fine state. Some of them are just census-designated with seemingly no desire to incorporate into an official town. But we still use the word “town” interchangeably due to the sense of community found in these small places. Such is the case with the little “town” community of Cleveland, SC – where what you see is not what you get. This eccentric little community has plenty of delightful surprises. There are so many cool things to do in Cleveland, South Carolina.

Head west on one of the prettiest scenic highways in the Upstate, SC-11 – a.k.a. the Cherokee Foothills Scenic Byway, and you’ll find it ends at Highway 276 in Greenville County.

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Experience The 'Old West' At A South Carolina Campground And Event Venue

An Incredible Success Story, This South Carolinian Was Born To Freed Slaves And Went On To Become An Inventor

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Did you know Cleveland has so much to see and do? Did you know about the old moonshine still hidden under a waterfall? And what about that old Wild West Amusement Park? Do you know of some other great things to do in Cleveland, South Carolina? We’d love to know your thoughts in our comments.

For more Upstate fun, head to this waterfall campground for an unforgettable weekend getaway.

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Cleveland SC readies for the US Open Cup Thursday

Cleveland SC begins its season with a US Open Cup home game this Thursday, March 23rd at 7:00 PM ET at North Olmsted High School against Lionsbridge FC. Today, Cleveland SC made a few announcements about their squad, tickets for the game and the ow...

Cleveland SC begins its season with a US Open Cup home game this Thursday, March 23rd at 7:00 PM ET at North Olmsted High School against Lionsbridge FC. Today, Cleveland SC made a few announcements about their squad, tickets for the game and the owner and coach shared their thoughts on the game and the new season.

The Open Cup is the only single-knockout soccer tournament in the US. It is commonly referred to as the US Soccer National Championship. Last year, Cleveland SC (CSC) made it to the second round before losing to Forward Madison.

One week from today! #USOC2023Let's look back at last year's 90' Open Cup equalizer from Mikey Derezic sending the match into extra time. #WeAreCLE pic.twitter.com/PeaoFH2yQp

— Cleveland SC (@SoccerCLE) March 16, 2023

Here’s Mikey Derezic’s 90’ goal to equalize in Round one last year.

MLS’ Orlando City won the 2022 Open Cup over upstart Sacramento Republic FC. This year CSC looks to go beyond their second round loss in 2023. There’s been much behind the scenes work to host the first round game.

Cleveland SC hosts a tournament game!

“Open Cup preparation has been intensive from a staff perspective,” Cleveland owner Sam Seibert said. “There has been plenty to do and prepare for to make sure we can match up to a respectable side in Lionsbridge FC.”

Sam Seibert, Image courtesy of Cleveland SC

Head coach Vlad Muresan echoed that response and added a bit more.

“The preparation has been filled with excitement and expectation. Returning to the US Open Cup is a result of the great work done by the club on and off the field, and we are looking forward to consolidating our position at this stage of the competition. We deserve to be here, and we will take this opportunity with everything that we have.”

Seibert mentioned the challenges hosting the first round game. “[We have] been invited for the fourth year in a row to be part of the Open Cup. [This is] our second go at it (hosting the first round). [But] facility availability and use and community support is [difficult] for teams operating earlier in the season than usual.” It’s hard at this time with school in session and the fields often being used for high school events or club soccer matches.

But he added, “The excitement is there, the passion is there, and the willingness to succeed in Round 1 … is the expectation.”

The Roster: A mix of new and old!

Regarding the roster, Coach Muresan has a second year under his belt and is positive that it will yield great results. “On the field, the players know me better and I know them better as well. We have a year of working together and we know what we need to do to keep our success.”

Many of the rostered players have been staying in shape with the Cleveland Crunch, who might be in their own competition this weekend as their wild card playoff game is scheduled for Saturday. Sam Seibert and Crunch owner, Luciano Ruscitto, have a strong relationship since both are owners in a tough sports market, and love to support each other.

GOALKEEPERS: Pedro Alves#

DEFENDERS: Boban Cancar*, Chris Cvecko*, Conner Hollett#, Benjamin Hryszko*, Alexandru Rumleanschi, Kieran Toland

MIDFIELDERS: Parker Csiszar*#, Mikey Derezic*, Skye Harter, Petar Janjetovic#, Daniel Koniarczyk, Jannis Schmidt#, Admir Suljevic*

FORWARDS: Tom Beck*#, Vinny Bell, Nick Felician#, Andrew Nicholas

* denotes a Crunch player

# denotes first time representing the club in US Cup

Seibert was praise-worthy of the selections. “We are fortunate to be in Cleveland where we have many talented athletes vying to be committed to our roster.”

Image from Cleveland SC website.

Muresan went further in calling out his 2022 club starters. “Some of our players that will be returning and who have sweated, bled, and cried for our club over the last couple of years are players such as Cancar, Suljevic, Cvecko, Schmidt, and Koniarczyk.“ They all played key roles for the club in their run to the league semifinals.

“I am personally excited about newcomer Parker Csiszar, who can become a massive player for us.” Parker has had much success with the Crunch in the early part of the year. The junior from Medina who plays collegiately with Cleveland State, had a hat trick in his debut in professional soccer for the Crunch back in January.

Tom Beck finally returns, as the club will need his defensive strengths. Tom missed all last year due to an ACL injury. He has been playing with the Crunch getting his work in and giving his knee reps.

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A post shared by Cleveland Crunch (@clevelandcrunch)

Vlad on the Game:

Muresan shared his thoughts and feelings for this week’s game. “This Thursday’s game is the biggest game of my life…It is a huge honor for everyone at Cleveland SC to be part of this competition and we will grab this opportunity with everything we have. Having the 6th City Syndicate supporting us is a massive bonus for us and we will need them to be the 12th player.

Who are the 6th City Syndicate? Read on!

Cleveland Soccer Supporters

The 6th City Syndicate is a group of rabid Cleveland soccer supporters, and they will be there bringing the chants and songs and drums!

Bottom line

This club can make some noise again in the Open Cup. It starts Thursday night in North Olmsted. Hope you can put the NCAA aside for a few hours and join the fans for some soccer as spring kicks off in Cleveland.

Coach Muresan hit the right tone with his roster. “We have the right mix of experience and youthfulness, and this mix can be a big part of our success.” Here’s to another first round win!

Need tickets? Here you go!

Here is last year’s first round game.

Next article: Who are Lionsbridge FC, the next opponent for Cleveland SC?

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Editorial: Farewell and thanks to Anne Cleveland for revitalizing a Charleston institution

Earlier this week, the Charleston Library Society closed its doors at noon so that its staff members could enjoy a celebration together before going their separate ways over the holidays. The society’s director, Anne Cleveland, also left her office at 164 King St. for the last time, ending a transformative era that breathed new life into one of Charleston’s oldest and most important civic institutions.“You may wonder if it is hard for me to ‘acknowledge’ that my tenure is ending. Will I have moments when ...

Earlier this week, the Charleston Library Society closed its doors at noon so that its staff members could enjoy a celebration together before going their separate ways over the holidays. The society’s director, Anne Cleveland, also left her office at 164 King St. for the last time, ending a transformative era that breathed new life into one of Charleston’s oldest and most important civic institutions.

“You may wonder if it is hard for me to ‘acknowledge’ that my tenure is ending. Will I have moments when I think I need to be at the library? Will I miss the bustle?” she recently wrote members. “Yes, there are things that I will miss — mostly the daily interaction with colleagues who are much more like sisters and children. ... However, the dominant feeling is one of genuine excitement for the future of the Library Society. I take credit for opening the doors to allow people to discover this treasure, but it has always been the team that we’ve created over time that is the driving force of change, improvement and success.”

This bittersweet moment was anticipated since January, when Ms. Cleveland announced she would depart at year’s end after steering the South’s oldest cultural institution for 13 of its 275 years, a time in which the society changed from a financially challenged, carefully guarded remnant of Charleston’s proud past to, in the words of reporter Maura Hogan, "a dynamic hub of contemporary intellectual life in Charleston."

Under Ms. Cleveland’s tenure, the society’s membership grew about tenfold, to more than 4,000 members. In a digital era when some question the relevance of books, the society’s circulation figures rose. It launched a speaker series, attracting renowned authors such as David McCullough. It began offering small musical concerts and added the independent bookseller Buxton Books, which leases the society’s adjacent storefront at 160 King St. And the society underwent a $5 million renovation to its century-old King Street home, which suffered a major leak during Hurricane Matthew in 2016.

Founded in 1748, the Charleston Library Society is the nation’s second-oldest circulating library, with materials dating from the 15th century to this fall. Ms. Cleveland’s successor, Laura Pelzer, was promoted from within, and Ms. Cleveland has vowed to be her successor’s biggest cheerleader.

On her way out the door, Ms. Cleveland’s legacy also may include making possible a new city park next door, just north of the society’s building. Her advocacy for the idea helped lead to a proposal from Beemok Capital, which owns Charleston Place, to create a park on Dominion Energy’s surplus property that stretches from 141 Meeting St. to King, an exciting, civic-minded proposal we hope falls into place in 2023.

In an interview earlier this year, Ms. Cleveland humbly downplayed her role: “I just happened to be at the right place at the right time. All it took was saying ‘Come in and see this amazing treasure that has been under a cloud or cloak or fog or whatever for the last 40 years.’” Still, she says she’s leaving with a big smile on her face, and rightly so.

Proposed: Acre Apartment Homes on Greenville, SC’s Cleveland Street

118. That’s how many multi-family units have been proposed for the former Scottish Rite Center site (817 Cleveland St., between Caine Halter YMCA + East Faris Road).https://giphy.com/gifs/23GA7iHzTA2RqrIQyHIf traveling from Caine Halter Family YMCA, the location will be on your left. | Map via Google MapsACRE Apartment Homes, a multi-family dev...

118. That’s how many multi-family units have been proposed for the former Scottish Rite Center site (817 Cleveland St., between Caine Halter YMCA + East Faris Road).

https://giphy.com/gifs/23GA7iHzTA2RqrIQyH

If traveling from Caine Halter Family YMCA, the location will be on your left. | Map via Google Maps

ACRE Apartment Homes, a multi-family development spearheaded by ACRE (a real estate private equity firm), would sit on 5.89 acres and feature:

https://giphy.com/gifs/tJDkP9fPgZeeQuO2Wz

Conceptual views. | Renderings by Cline Design + Seamon Whiteside for ACRE via The City of Greenville

ACRE Apartment Homes went before the Design Review Board at the beginning of this month and was met with the board’s recommendation for approval, with conditions — like including a variety of plant species (native + evergreen) along Cleveland Street and on property to maintain visibility but also provide privacy. You can see the other conditions here.

Last week, the project went before the Planning Commission for approval, but was deferred to September to “allow the developer time to hold another neighborhood meeting to address concerns from the community,” says City of Greenville Communications Director Beth Brotherton. The first neighborhood meeting was held in July.

What do you think of this development? Stay tuned for more details on the next neighborhood meeting to share your thoughts with leaders + join the next Planning Commission meeting in person or virtually on Thurs., Sept. 15.

In the meantime, review the full proposal, individual design renderings + inspiration, traffic impact study, and notes from the July neighborhood meeting by clicking here.

Frontier Airlines adding flights from Cleveland Hopkins to Charleston, S.C., San Francisco; dropping Portland

CLEVELAND, Ohio – Low-cost carrier Frontier Airlines is adding Charleston, South Carolina, to its roster of destinations from Cleveland starting in early May, and will resume flying to San Francisco.At the same time, the airline is ending service to Portland, Oregon.The carrier will also fly year-round from Cleveland Hopkins to Sarasota, Florida, and Punta Cana in the Dominican Republic, two destinations that recently debuted as winter-only routes....

CLEVELAND, Ohio – Low-cost carrier Frontier Airlines is adding Charleston, South Carolina, to its roster of destinations from Cleveland starting in early May, and will resume flying to San Francisco.

At the same time, the airline is ending service to Portland, Oregon.

The carrier will also fly year-round from Cleveland Hopkins to Sarasota, Florida, and Punta Cana in the Dominican Republic, two destinations that recently debuted as winter-only routes.

In a recent phone call, Frontier’s Daniel Shurz, senior vice president of commercial, outlined a series of network additions in Cleveland, which he called “amongst our most successful cities.”

Frontier, known for its low base fares and fee-for-service pricing, has grown rapidly in Cleveland since United Airlines pulled its hub here in 2014.

Among the additions:

* Twice-weekly flights to Charleston, starting May 2. The flights will run Thursdays and Sundays. An introductory sale on the route includes one-way fares starting at $39, if purchased by 11:59 p.m. Tuesday. The Cleveland flights leave at 3:13 p.m., landing in Charleston at 5:15 p.m. The flights from Charleston depart at 6:15 p.m., arriving in Cleveland at 8:12 p.m.

* A return to San Francisco International Airport, a destination it dropped in 2017, in part because of competition on the route from United Airlines. “The overall environment has improved since we pulled out,” said Shurz. “We think it’s a good time to return.” The new route will operate three times a week, on Tuesdays, Thursdays and Sundays, starting April 30. The flight from Cleveland leaves at 3:33 p.m., arriving in San Francisco at 5:54 p.m. The flight from SFO departs at 9:36 p.m., landing in Cleveland at 5:20 a.m. Sale fares on this route start at $79 one way.

* The extension of two seasonal routes, to Sarasota, Florida, and Punta Cana in the Dominican Republic, to year-round destinations.

In addition, the carrier just reloaded San Diego into the schedule for the summer.

The sole summer reduction from Cleveland is a significant one: nonstop service to Portland, Oregon will not return this summer. Frontier is the only airline flying between Cleveland and Portland.

Shurz said that while peak travel weeks in mid-summer had full planes to Portland, late spring and late summer flights didn’t have high enough occupancy. He did not rule out a return to Portland, but he said he believes there is currently more demand for low-cost service to San Francisco.

United Airlines currently flies nonstop between Cleveland and San Francisco, once or twice a day, depending on the season.

United also offers summer-only, once-a-week service to Charleston, which will start back up again in June, according to the airline.

Frontier added Charleston, on the South Carolina coast, to its route network last February. Cleveland will be Frontier’s seventh destination from the city. “Charleston’s status as a destination continues to grow,” said Shurz. “This looks like an obvious next addition to our route network.”

In addition to the new destinations, Shurz said Frontier is adding frequency to several existing routes from Cleveland, including nonstop service to Austin, Orlando, Phoenix, Raleigh and Tampa.

Shurz said Frontier’s passenger numbers in Cleveland this June are projected to be 35 percent higher than the numbers in June 2018. The carrier will have an average of 11 flights a day out of Cleveland this summer, he said.

In 2018, Frontier was the fifth largest carrier in Cleveland, behind United, Southwest, Delta and American. Frontier, however, has more nonstop destinations – 17 – than any other airline serving Cleveland.

The carrier is adding more than a dozen new airplanes to its fleet this year, and is always looking for new markets, said Shurz. “Cleveland continues to be amongst our most successful cities,” said Shurz. “If Northeast Ohio continues to use our services, then there will be more flights to enjoy in the future.”

Top carriers in Cleveland, 2018 (source: Cleveland Hopkins airport)

CarrierPassengersPercentage of total
United2.51 million26 percent
Southwest1.66 million17.2 percent
Delta1.51 million15.6 percent
American1.49 million15.1 percent
Frontier984,06410.2 percent
Spirit856,9628.9 percent
JetBlue266,6992.77 percent
Allegiant226,9842.35 percent
Air Canada84,0760.87 percent
Wow Air32,9880.34 percent
Icelandair24,8720.26 percent

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