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

Ask LaFleur: What are the stone monuments in Greenville's Cleveland Park?

Question: What are the four stone monuments located in Cleveland Park?Answer: The monuments can be found along the Greenville Health System Swamp Rabbit Trail near the southwestern end of Cleveland Park.They stand in a circle and have no nearby marker to identify their significance.If you ask Paul Ellis, former director of the City's Parks and Recreation Department and the mastermind behind the puzzling stone display, he'll first tell you with a laugh that it's the UFO lan...

Question: What are the four stone monuments located in Cleveland Park?

Answer: The monuments can be found along the Greenville Health System Swamp Rabbit Trail near the southwestern end of Cleveland Park.

They stand in a circle and have no nearby marker to identify their significance.

If you ask Paul Ellis, former director of the City's Parks and Recreation Department and the mastermind behind the puzzling stone display, he'll first tell you with a laugh that it's the UFO landing zone.

Of course, that's not the truth.

Ellis said the stones were initially set up to represent a compass. Ellis, a team of volunteers and a handful of parks employees installed it sometime around late 2004 or early 2005.

Much thought went into the display. Ellis had public works crew members transport discarded curb stones removed during downtown renovations to Cleveland Park, where he and his crew used a real compass to properly align the outer stones at north, east, south and west points.

In the center sat a 2-foot-by-2 foot flat stone. Additional, smaller stones were installed between the center and outer markers.

Each of the stones in the middle was laid flush with the ground, while the four outer stones stood tall.

Ellis said he intentionally turned the north, east and west stones rounded side in, while leaving the south stone edge side in. It was, he said, to pay homage to the fact that the south is just a little different.

Shortly after the compass was installed, Ellis said a large flood in 2005 dumped silt in the area, covering more than half of the display. Following the flood, grass grew through the silt, hiding the flat stones and leaving the community with questions about the four remaining stones.

Ellis, who spent 31 years as the director of the City of Greenville Parks and Recreation Department, said his love of Earth art and wonders like Stonehenge inspired him to to install the compass.

Do you have a question you want answered? Send it to elafleur@greenvillenews.com, contact Elizabeth on her Facebook page at facebook.com/ElizabethSLaFleur or send questions via mail to Elizabeth LaFleur, 32 E. Broad St., Greenville, SC 29601. Answers will appear in the Tuesday and Friday print editions of The Greenville News.

2023 US Open Cup Round 2: After massive delays, Richmond Kickers hold off late push from Cleveland SC to advance

The Richmond Kickers won their Second Round match of the 2023 US Open Cup, 3-2 over Cleveland SC. The three-time USL League One MVP and Golden Boot winner, Emiliano Terzaghi scored two goals and assisted on another by Dakota Barnathan in what would end up being a close match between the two sides.This match was a test of endurance between the two sides and the fans. The cup tie was scheduled to kick off at 7 p.m., but storms would delay the match for a couple of hours. The initial kick off finally took place at 9:43 p.m., but after an...

The Richmond Kickers won their Second Round match of the 2023 US Open Cup, 3-2 over Cleveland SC. The three-time USL League One MVP and Golden Boot winner, Emiliano Terzaghi scored two goals and assisted on another by Dakota Barnathan in what would end up being a close match between the two sides.

This match was a test of endurance between the two sides and the fans. The cup tie was scheduled to kick off at 7 p.m., but storms would delay the match for a couple of hours. The initial kick off finally took place at 9:43 p.m., but after another delay, the match would not end until 12:49 a.m.

The win means that the Kickers will move on to Round 3 where they will travel to renew an old rivalry. Richmond will take on D.C. United of Major League Soccer for the seventh time in Open Cup play. It is the second most common matchup of the Modern Era, but the two teams haven’t met since 2013, when D.C. won in penalties.

Another angle on the Kickers’ goal while we wait…@RichmondKickers | @SoccerCLE | #USOC2023 pic.twitter.com/Xynjl8lXck

— U.S. Open Cup (@opencup) April 7, 2023

From the kickoff, Richmond maintained possession and was on the front foot of the match. The Kickers had several good chances throughout the first half, but the first goal would not come until the 31st minute when Emiliano Terzaghi finished a chance provided by Matt Bentley across the face of the goal.

After Terzaghi’s goal, the game would enter its second weather delay. The stoppage began in the 35th minute and the game wouldn’t resume until 11:33 p.m. The resilience of the teams and the fans were tested as the Kickers and Cleveland SC would wait patiently in their locker rooms for over an hour. The delay would eventually come to an end and the teams would play the final 12 minutes of the first half before halftime.

After halftime the Kickers came out again on the front foot. They limited Cleveland’s ability to get on the ball while maintaining the majority of possession in the early part of the second half. After a few half chances, the Kickers would finally break through for their second goal. The Kickers had a streak of corner kicks that finally saw the ball ending up in the back of the net. Nil Vinyals fed a ball into the box to Terzaghi who would eventually put it away for the Kickers’ second goal of the night in the 59th minute.

The Kickers proceeded to attack Cleveland despite their 2-0 lead and they scored a third goal off the foot of Dakota Barnathan, an alum of the local university in Richmond, Virginia Commonwealth University. Another corner kick was taken at the 79th minute and the ball would eventually land at Barnathan’s feet via an assist by Emiliano Terzaghi. Dakota put away his chance from the six yard box and Richmond held a 3-0 lead.

However, Cleveland SC fought hard to stay in the game. Immediately after Barnathan’s goal, Tom Beck scored a goal assisted by Kieran Toland after a string of beautiful passes down the left flank of Richmond’s defense. At the 80th minute, the score would be 3-1. Cleveland SC would make things really interesting at the 86th minute when Skye Harter scored from a free kick just outside the 18 yard box. Cleveland SC scored their second goal of the night and it would be 3-2. However, Cleveland would not threaten again after that point and the Richmond Kickers held onto their 3-2 lead to advance to the Third Round where they will face D.C. United.

The match initially appeared to be a dominant performance by the Richmond Kickers, but it would eventually become a survive and advance match for the home side. The Richmond Kickers head coach, Darren Sawatzky said, “it was a really interesting night, having the time off was really frustrating and difficult for all of us, tonight was about surviving and advancing and we’ll go back to the drawing board and get back to work.”

The US Open Cup invites teams to fight through adversity and eventually come out on the other side. The Richmond Kickers were able to fight through three hours of weather delays, maintain their focus, and secure a 3-2 victory over Cleveland SC.

With the win, Richmond has advanced 36 times in the US Open Cup in club history. The 1995 champions are now tied with the LA Galaxy for 7th most in the Modern Era (1995-present).

2023 US Open Cup Round 1: 10-man Cleveland SC holds off Lionsbridge to return to Round 2

Cleveland SC claimed an opening round victory in the Lamar Hunt US Open Cup for the second year in a row. On Thursday night, they defeated Lionsbridge FC 1-0 in front of their home fans in North Olmsted, Ohio.With the win, Cleveland SC will advance to Round 2 where they will travel to take on a professional team from USL League One. This year, the opponent will be the Richmond Kickers on April 6.This game was a defensive battle that ended in an all-out physical and emotional war as nine cards, including one red card, were given...

Cleveland SC claimed an opening round victory in the Lamar Hunt US Open Cup for the second year in a row. On Thursday night, they defeated Lionsbridge FC 1-0 in front of their home fans in North Olmsted, Ohio.

With the win, Cleveland SC will advance to Round 2 where they will travel to take on a professional team from USL League One. This year, the opponent will be the Richmond Kickers on April 6.

This game was a defensive battle that ended in an all-out physical and emotional war as nine cards, including one red card, were given out during this game.

“We have to be smart and manage the game, some of those cards were cheap.” said Vlad Muresean on what he told his team on handling emotions.

Cleveland SC played near 20 minutes one man down as they held out for the win as Lionsbridge FC was on the attack.

Cleveland was fast from the jump thanks to a high press and a direct attack that kept Lionsbridge in their own end in the first half. Cleveland used their back four defenders to help move the ball up.

The home side tried various through ball attempts to the wings and striker trying to set up offense. Cleveland had more attempts in the first half with three shots on net.

Cleveland held possession for majority of the first half while Lionsbridge could do nothing but buckle down and buckle down they did. Cleveland controlled majority of the of the half while Lionsbridge started to control the ball and keep it away from Cleveland defenders.

Despite Lionsbridge finding their pace on offense, Cleveland found magic in a bottle after Chris Cvecko put one in the back of the net to give Cleveland their first lead in stoppage time. Kieran Toland delivered a through ball to Cvecko on the right side of the penalty area and the veteran forward ran onto it. On his way to the goal, he hit the brakes and cut the ball back to his left foot to avoid a sliding defender, and beat the keeper.

As Cleveland led going into the half there was a yellow card issued to the Lionsbridge bench, this was just the beginning of yellow cards issued.

The second half was a defensive showdown filled with high emotions. Both teams shared the same number of chances on offense. Around the 60th minute of play, the game turned into a heavyweight boxing match. Eight cards were earned in the second half by both sides with a red card received by Jannis Schmidt in the 73rd minute.

Defending for 20 minutes, one man down in an elimination game is a tall task, Cleveland rose to the occasion as Lionsbridge FC tried taking advantage of Cleveland’s misfortune. The visitors had a few golden chances to even up the game, they could not beat the Cleveland back line as time expired eliminating Lionsbridge FC and sending Cleveland SC to Richmond for the Second Round.

“We have nothing to lose … This is a very confident group,” Muresean said about advancing to Round 2 of the US Open Cup. If they are able to upset their first pro team in the next round, they would become the first amateur team from Northern Ohio to reach the Third Round in the Modern Era (1995-present).

Allegiant Air announces new flights from Cleveland to Norfolk, Va., Charleston, S.C.

CLEVELAND, Ohio – Low-cost carrier Allegiant Air will fly this summer from Cleveland Hopkins to Norfolk, Virginia, and Charleston, South Carolina. Both routes will operate twice weekly, starting in early June.Allegiant is the second carrier this week to announce new service between Cleveland and Charleston. ...

CLEVELAND, Ohio – Low-cost carrier Allegiant Air will fly this summer from Cleveland Hopkins to Norfolk, Virginia, and Charleston, South Carolina. Both routes will operate twice weekly, starting in early June.

Allegiant is the second carrier this week to announce new service between Cleveland and Charleston. Frontier Airlines announced Monday its plans to fly to Charleston, starting in early May.

Norfolk hasn’t had nonstop service from Cleveland since Continental Airlines ended that route in 2008. Norfolk International is the gateway airport to several popular tourist destinations, including Virginia Beach and Colonial Williamsburg.

The Norfolk service starts June 7, and runs Fridays and Mondays. Departures leave Cleveland at 2:29 p.m., arriving in Norfolk at 3:49 p.m. Return flights leave Norfolk at 4:34 p.m., landing in Cleveland at 6 p.m. Fares start at $49 each way.

The Charleston service starts June 6, running Thursdays and Sundays. Departures from Cleveland leave at 9:36 a.m., arriving at 11:19 a.m. Return flights leave Charleston at 12:04 p.m., landing in Cleveland at 1:48 p.m. Fares start at $38 one way.

According to the airline, with the addition of these two new destinations, Allegiant will now fly to 12 cities from Cleveland, although 10 are currently for sale on its website. Destinations include six in Florida: Sanford/Orlando, Destin, Jacksonville, Punta Gorda/Fort Myers, Sarasota and St. Pete/Clearwater; and four on the Southeast Coast: Myrtle Beach, Savannah/Hilton Head, Charleston and Norfolk.

According to a spokesman, Fort Lauderdale and Austin are still on Allegiant’s Cleveland route map, both on temporary hiatus.

The airline, a low-cost carrier that offers low fares but charges for bags and seat assignments, was forced to cancel numerous routes from Cleveland and other airports last year, as it replaced its aging fleet of aircraft. The carrier’s safety record has been the subject of numerous media reports in recent years, including a stinging piece by “60 Minutes” in 2018.

Allegiant now flies an all-Airbus fleet and is adding back flights it previously cut.

“We’re very excited to grow once again in Cleveland,” said Drew Wells, Allegiant vice president of planning and revenue. “We’re certain that Cleveland-area travelers will love having a convenient, affordable option to enjoy all the sights and sounds these amazing destinations have to offer.”

Allegiant announces new nonstop service from Cleveland to Charleston

CHARLESTON, S.C. (WCIV) — Allegiant Air has announced new nonstop service will carry travelers from Cleveland Hopkins International Airport to Charleston International Airport starting on June 6, 2019.The company is offering fares on the new routes as low as $38* each way, according to an announcement made Monday.“We’re excited to add another nonstop route to Charleston,” said Drew Wells, Allegiant vice president of planning and revenue. “We’re sure folks in the Cleveland area will be thrille...

CHARLESTON, S.C. (WCIV) — Allegiant Air has announced new nonstop service will carry travelers from Cleveland Hopkins International Airport to Charleston International Airport starting on June 6, 2019.

The company is offering fares on the new routes as low as $38* each way, according to an announcement made Monday.

“We’re excited to add another nonstop route to Charleston,” said Drew Wells, Allegiant vice president of planning and revenue. “We’re sure folks in the Cleveland area will be thrilled to take advantage of these convenient, ultra-low-cost flights to enjoy this beautiful, historic destination.”

RELATED | Frontier adds Charleston to Cleveland flight, limited $39 one-way tickets available

The new seasonal route will operate twice-weekly and will bring nearly 3,500 passengers to the Charleston area annually. Flight days, times and the lowest fares can be found at Allegiant.com.

“We are delighted that Allegiant will begin expanded service by offering nonstop service to Cleveland from Charleston International Airport,” said Paul G. Campbell, Jr., Chief Executive Officer of the Charleston County Aviation Authority. “We have already seen passenger growth as well as reduced fares to each of the cities that Allegiant began serving less than a year ago.”

“The entire hospitality industry welcomes Allegiant’s announcement that will offer the convenience of nonstop service to the good people of Cleveland so they can learn firsthand the appeal of Charleston,” said Helen Hill, Chief Executive Officer of Explore Charleston. “We strongly believe that expanded air service from new nonstop cities allows our industry to grow responsibly while offering our community an obvious benefit.”

RELATED | British Airways offering nonstop flights to London from Charleston

Allegiant Air offered the following information regarding the introductory rates:

Price displayed reflects purchase of a roundtrip itinerary and includes taxes, carrier charges & government fees. Seats and dates are limited and fares are not available on all flights. Flights must be purchased by Jan. 16. 2019 for travel by Aug. 13, 2019. Fare rules, routes and schedules are subject to change without notice. Optional baggage charges and additional restrictions may apply. For more details, optional services and baggage fees, please visit Allegiant.com.

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