Probate Lawyer in Duncan, 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 Duncan, 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 Duncan, 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 Duncan, SC
Probate Lawyer Duncan, 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 Duncan, 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 Duncan, 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 Duncan, 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 Duncan, SC

Bear spotted walking in front yard at Duncan home

DUNCAN, S.C. (WSPA) – A homeowner in Duncan said that security video footage caught a bear walking along his driveway and the front yard of his home.The bear was walking at a home located along Holly Drive in Duncan on Monday night around 8:25 p.m.Multiple black bears have recently been spotted in Spartanburg County, according to the South Carolina Department of Natural Resources (SCDNR).Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed...

DUNCAN, S.C. (WSPA) – A homeowner in Duncan said that security video footage caught a bear walking along his driveway and the front yard of his home.

The bear was walking at a home located along Holly Drive in Duncan on Monday night around 8:25 p.m.

Multiple black bears have recently been spotted in Spartanburg County, according to the South Carolina Department of Natural Resources (SCDNR).

Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

in

in

Best Black Friday appliance deals 2023

Holiday / 10 hours ago

If you’re looking for the best Black Friday appliance deals, you’re in the right place.

Here are the most popular toys of the 2023 holiday …

Stuffed Animals / 10 hours ago

Shop the hottest toys this holiday season. We rounded up the best holiday toys — digital pets, dolls, plushies, games, playsets, building sets and more.

Best Black Friday beauty deals 2023

Holiday / 11 hours ago

Whether you put on full glam makeup every day or spend hours on your oral hygiene, beauty and personal care products are essential.

View All BestReviews

World News

View All World News

WSPA Videos

Luxury medical spa now open in Duncan is a family affair

DUNCAN — When clients walk through the door of Joey Simpson’s Refined Skin and Body medical spa, she wants them to feel like family.While Simpson does much of the spa’s injectable aesthetics, her husband serves as the medical director and provider, and her mother serves as the patient coordinator for her business.Since Simpson’s family is helping her live out one of her dreams, her goal is for her clients to also feel like they’re a part of a family atmosphere when they come in for services....

DUNCAN — When clients walk through the door of Joey Simpson’s Refined Skin and Body medical spa, she wants them to feel like family.

While Simpson does much of the spa’s injectable aesthetics, her husband serves as the medical director and provider, and her mother serves as the patient coordinator for her business.

Since Simpson’s family is helping her live out one of her dreams, her goal is for her clients to also feel like they’re a part of a family atmosphere when they come in for services.

After having over 20 years of experience in nursing, pharmaceutical sales and managing medical clinics with her husband, Simpson decided to venture into the aesthetics side of the medical field. She opened Refined Skin & Body in Duncan in late January to pursue a passion and to open a business that offered services she felt her community was lacking.

“It’s been a journey, but it’s been really fun,” Simpson said.

The medical spa on East Main Street offers some of the same services as a non-medical spa in addition to services that are supervised by an on-site medical doctor through the use of technology, products and tools that aren’t used at a non-medical spa.

Simpson said the business aspect of opening the spa wasn’t difficult, but the aesthetics side was more challenging.

Over the past year, she and her husband went to training sessions, spoke with medical professionals in aesthetics and received certifications in devices and procedures that cover aesthetics.

“We’ve tried to make it very encompassing in aesthetics and weight loss altogether so that if someone came here for a regular facial and had other areas they wanted to address, it can all be done under one roof,” she said.

Some of the services offered at the medical spa are microneedling with radiofrequency, neurotoxin injections, fillers, skin resurfacing with CO2 machines, body contouring, IV therapy, laser hair removal and medical-grade peels.

The spa has CO2 fractionated laser machines that cause resurfacing of the skin for better tightening and help with acne scarring, discoloration, fine lines and wrinkles.

Customers can get microneedling with radiofrequency as well through 24-karat coated needles that go into the skin and emit radiofrequency that can kill fat cells underneath the skin layer and produce results of skin tightening and stimulate the body to produce more collagen.

Simpson said the business’s weight loss program is popular.

Once a client gets to their ideal weight, they can look into body contouring services. For the weight loss program, semaglutide, an FDA-approved injectable weight loss medication is used. Clients also receive education on ways to implement good lifestyle choices and eating habits into their daily routines.

Customers can get medical-grade products from ZO Skin Health and SkinCeuticals.

The spa is 3,800 square feet and has five occupied treatment rooms.

In addition to a physician and someone who does injections, Simpson has an esthetician that focuses on makeup and facials and a medical esthetician who specializes in machines on her staff.

Simpson said as her business grows, she plans to look for a massage therapist and someone who does permanent makeup.

Spartanburg’s Duncan Park to celebrate 100th anniversary

SPARTANBURG — Family bike rides, live music and kickball will be part of Duncan Park’s 100th anniversary celebration held this weekend in Spartanburg.The celebration event begins at 2 p.m. on Oct. 29 at 1000 Duncan Park Drive.The park was gifted to the city on Feb. 29, 1923, by heirs of Maj. David R. Duncan. Duncan was an attorney and businessman in the city. For more than 100 years, the 300-acre park has been a popular destination on the city’s southside.As the park celebrates its past, the park’...

SPARTANBURG — Family bike rides, live music and kickball will be part of Duncan Park’s 100th anniversary celebration held this weekend in Spartanburg.

The celebration event begins at 2 p.m. on Oct. 29 at 1000 Duncan Park Drive.

The park was gifted to the city on Feb. 29, 1923, by heirs of Maj. David R. Duncan. Duncan was an attorney and businessman in the city. For more than 100 years, the 300-acre park has been a popular destination on the city’s southside.

As the park celebrates its past, the park’s future is also being shaped by a Duncan Park Visioning Plan developed with help from the National Park Service’s Rivers, Trails and Conservation Assistance Program. Spartanburg County nonprofit Play. Advocate. Live Well! is also helping with the park’s plan for future upgrades.

“Though it is the city’s largest park, Duncan Park has for many years has been underutilized asset for our community,” City Communications Manager Christopher George said. “Through these trail enhancements ad other improvements, we hope to provide folks new opportunities to engage with this beautiful and serene public space and to better connect it with nearby amenities along the Mary Black Foundation Rail Trail.”

The city’s plan includes upgrades to the existing trail, new paved trails, a new trail around the lake, pickleball courts, shelters and new bathrooms. A Friends of Duncan Park group is working with organizers also to help guide redevelopment of the park.

City Council agreed Oct. 9 to spend $157,875 to remove invasive plant species from the park’s 60 wooded acres. George said the city will add 2,300-square-feet of new asphalt trail and resurface 3,600-square-feet of existing trail at the park. The cost for these projects will be about $230,000. The youth athletic fields at the park will be improved, including the restroom and concession areas. These improvements to the fields will be funded partially by private contributions.

The park’s upgrades will be done in phases. The first projects include building a dock at the lake which is accessible to people with disabilities and a storage unit for kayaks. Invasive plants will be removed from the park’s trail system this fall.

The S.C. Department of Natural Resources plans to do a fish count at the lake in the fall as well. A 14-acre lake centers the park. New programming will be developed to also draw more people to the park.

Kim Moultrie, City Parks and Recreation Director, said work continues to prepare the 100th anniversary celebration. Tours of the baseball stadium built at the park in 1926 will also be included in the anniversary event.

“Hosted by the Friends of Duncan Park, this community celebration will honor the rich history of the park and highlight future plans,” Moultrie said. “Activities include music in the park by Undercover Jazz, food trucks and information booths in the amphitheater.”

Suspect admits to being “high on coke,” complained of pain after Oct. 21 pursuit

CHARLESTON COUNTY, S.C. (WCBD) – The Charleston County Sheriff’s Office (CCSO) released Tuesday new dash camera video from an Oct. 21 pursuit involving Rashard Duncan in the Hollywood-Ravenel area.The video shows the suspect reaching high speeds and even driving on the wrong side of the highway, eventually ending in a mobile home community where a foot chase ensued.After Duncan’s arrest and apparent assault by another deputy, the dash camera video – which comes from Charleston County Deputy Alexander Hod...

CHARLESTON COUNTY, S.C. (WCBD) – The Charleston County Sheriff’s Office (CCSO) released Tuesday new dash camera video from an Oct. 21 pursuit involving Rashard Duncan in the Hollywood-Ravenel area.

The video shows the suspect reaching high speeds and even driving on the wrong side of the highway, eventually ending in a mobile home community where a foot chase ensued.

After Duncan’s arrest and apparent assault by another deputy, the dash camera video – which comes from Charleston County Deputy Alexander Hodge’s patrol vehicle – picked up a conversation with the suspect, believed to be Duncan, while being detained and awaiting EMS to be checked out.

The suspect can be heard admitting to being high after “having some coke” and stating that he wanted to see how fast his rental could go.

He also complained of pain on the side of his face. Duncan was punched several times with a closed fist by another Charleston County deputy – James Carter – following the pursuit.

The deputy is heard asking the suspect about his movements before being assaulted by the deputy. The suspect replied saying he was just pulling up his pants and was not reaching for a gun at the time.

Video released on Monday shows Duncan with his pants slightly down at points during the assault and arrest.

Charleston County Sheriff Kristin Graziano said she believes it is important for the public to see the events that led to the encounter between Deputy Carter and Duncan after releasing the second video.

“Our deputies face uncertain circumstances daily in their efforts to keep the community safe. I am thankful for their commitment, and we are fortunate no one was injured during the course of this incident,” she said.

Attorneys representing Deputy James Carter said the suspect reached speeds of over 100 mph during the chase and discarded items from the window while traveling on Highway 17.

Duncan was charged at the time with resisting arrest, failure to stop for blue lights, reckless driving, and various drug charges.

The sheriff’s office said it found no policy violation against Deputy Hodge during an internal review of the pursuit.

Carter was terminated from the sheriff’s office and later charged by the State Law Enforcement Divison with misconduct in office and third-degree assault and battery. He was released the same day.

President of company AFL, based in South Carolina, has been suspended

DUNCAN, S.C. —The president of AFL, a company based in Spartanburg County, South Carolina, has been suspended.Jody Gallagher was the president and CEO of AFL, a company based in Duncan.The company told WYFF News 4 in an email that Gallagher was suspended pending an internal investigation.The email said Jaxon Lang had been named acting CEO."No other comments are available at this time," the email from AFL said....

DUNCAN, S.C. —

The president of AFL, a company based in Spartanburg County, South Carolina, has been suspended.

Jody Gallagher was the president and CEO of AFL, a company based in Duncan.

The company told WYFF News 4 in an email that Gallagher was suspended pending an internal investigation.

The email said Jaxon Lang had been named acting CEO.

"No other comments are available at this time," the email from AFL said.

The AFL website says Gallagher has served as President and CEO of AFL since 2003.

The website says the company is "an international manufacturer providing end-to-end solutions to the energy, service provider, enterprise, hyperscale and industrial markets."

The website says the company has 7,000 employees worldwide.

According to the company website, Gallagher has been a member of the board of directors for AFL’s parent company, Fujikura, headquartered in Tokyo.

The website says, "Headquartered in Spartanburg, SC, AFL has operations in the U.S., Mexico, Canada, Europe, Asia and Australia, and is a wholly owned subsidiary of Fujikura Ltd. of Japan."

A news release from Fujikura posted on May 26, 2023, said there was an investigation related to "an improper real estate acquisition at a U.S. Subsidiary," after a whistleblowing complaint on May 3, 2023.

The release said in part:

"Based on a whistleblowing complaint made on March 3, 2023, we were made aware of suspicious activities regarding the personal misappropriation of real property owned by one of our US subsidiaries by a director of the Company, who is the CEO of such subsidiary, and launched an internal investigation immediately thereafter. Our investigation is still continuing at this moment, however, to date, it has uncovered that an improper acquisition was made with respect to land purchased in 2020 and a building built in 2022 by such subsidiary (the total value of such land and building at the time of acquisition amounts to approximately 6.5 million US dollars (equivalent to 847 million Japanese yen)). Further, our investigation to date has uncovered that the said officer disguised the purpose for acquiring the land and building to make such subsidiary acquire such property and that said officer used such property for a certain period for its personal purpose. The said officer has been suspended from the US subsidiary and the Company."

The company has not said whether this investigation lead to Gallagher being suspended.

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.
,