Probate Lawyer in Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, SC
Probate Lawyer Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, 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 Fountain Inn, 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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phone-number 843-936-6680

Latest News in Fountain Inn, SC

VIDEO: Christmas carriage ride in SC ends suddenly when carriage comes apart, horse runs away

FOUNTAIN INN, S.C. —Some scary moments during a Christmas carriage ride in Fountain Inn, South Carolina, when the carriage came apart, and the horse ran away.The incident was caught on camera, and you can watch it above.This happened Thursday night. The carriage rides are part of the Christmas in Our Town event.More news: The fa-l...

FOUNTAIN INN, S.C. —

Some scary moments during a Christmas carriage ride in Fountain Inn, South Carolina, when the carriage came apart, and the horse ran away.

The incident was caught on camera, and you can watch it above.

This happened Thursday night. The carriage rides are part of the Christmas in Our Town event.

More news: The fa-la-la-la-list: Christmas parades across Upstate to help celebrate season

The video shows the carriage falling apart during a ride, and the horse run away with some of the carriage still attached at the intersection of Trade Street and Main Street.

Kennedy Szymanski is a hairstylist at a nearby salon.

"I was doing one of my client’s hair, and we just heard a loud crash," Szymanski said. "We just thought it was a car wreck. We looked out the window and we saw the horse taking off down Main Street and a lady following behind. That’s not something you’d see out of a Hallmark movie, but it’s something to add to it, I guess.”

Dreze Shell is the owner of Uptown Barbershop along Main Street.

“This ain’t the wild wild west now," Shell said, jokingly. "So, all of a sudden, a flash went by the window. We’re trying to figure out what’s going on. All you saw was a buggy and a horse, and the horse just took off. The buggy was sitting in the street. Poor little horse. I’ve been here over 12 years, and this is the first time a horse has ever got away in Fountain Inn.”

City of Fountain Inn

Carriage falls apart during ride

The person who shared the video said the horse was caught.

More news: How to watch it live: Stream Saturday's Poinsettia Christmas Parade on Very Local

The folks who were in the carriage are able to get out and appear to be uninjured.

The rides offer folks a tour of downtown Fountain Inn during the holiday season.

The city of Fountain Inn told WYFF News 4 the following:

"The horse is happy and well…just got spooked a bit. There were no injuries or property damage reported.

"We took a little time last night after the incident to double-check all carriages to make sure this was an isolated incident and we’re convinced that it was. We will also do a thorough inspection of all carriages again today.

"The most important part of any event in Fountain Inn is safety and we take every step possible to mitigate any risk of injury while still providing a fun, family friendly experience. However, as with anything, unforeseen incidents can happen. This was the case last night.

"We will spend more time today and in the coming days trying to understand exactly what happened and why. However, at this time we are convinced it was an isolated incident that thankfully resulted in no injuries to the horse or anyone involved."

Cool Off at the Free Splash Pad in Fountain Inn, SC!

Fountain Inn, a cute little town just 25 minutes south of Greenville, has an awesome, free splash pad. The town is small but growing and building up their Main Street so the splash pad is accompanied by shops, restaurants, and farmers market along Main Street in Fountain Inn, SC. Here’s everything you need to know about the splash pad, plus what to do when you’re in the area.Splash pads are fantastic because kids of any age can enjoy the water without fear of swimming and all you need is a bathing suit and towel. All the s...

Fountain Inn, a cute little town just 25 minutes south of Greenville, has an awesome, free splash pad. The town is small but growing and building up their Main Street so the splash pad is accompanied by shops, restaurants, and farmers market along Main Street in Fountain Inn, SC. Here’s everything you need to know about the splash pad, plus what to do when you’re in the area.

Splash pads are fantastic because kids of any age can enjoy the water without fear of swimming and all you need is a bathing suit and towel. All the splash pads in the Greenville area are free, as is this one, so it costs you nothing to come and let your kids cool off in the summer heat.

The Fountain Inn splash pad is right on Main Street so you can go check out the area restaurants and spend some time there. Area restaurants include Growler Haus, Cucina 100, and JPeters. Also, check out Gio’s Pastry Shop for amazing Italian pastries.

The farmers market is across the street and during the summer, Fountain Inn hosts Friday night live music in that same space. There are events all year round that really provide families with a wonderful small-town experience.

Also in Fountain Inn, you’ll find the Emmanuel Sullivan Sports Complex which is home to a fun, shaded playground with a ground-level trampoline. It takes just a couple of minutes to drive from Main Street to the park, where there is plenty of parking available.

The splash pad is right behind a beautiful arbor with plenty of benches for seating. One big positive about this splash pad is the shade. No other splash pad in Greenville has shade, so while the kids are running around in the water, us parents are sweating it out in the hot sun. The space has seating areas that has umbrellas for shade.

The splash pad originally opened in 2019. A group called Leadership Golden Strip, which is a collaboration between Simpsonville, Mauldin, and Fountain Inn chambers of commerce, spearheaded the fundraising efforts and the City of Fountain Inn and the Chamber of Commerce also added assistance. The teams raised $125,000 for the installation of the splash pad (now you know why not every town has one – it’s not cheap).

Greenville Water donated $25,000 to the effort. They also had a local artist do a mural on the far side of the splash pad.

The Fountain Inn splash pad is open daily. If the water isn’t on, there is a small tower on one end of the splash pad where a button can be pressed. The water will then turn on for five minutes. Just press it again to keep the water on. This is such a smart way to save water when the splash pad isn’t in use.

Public restrooms are available at the Fountain Inn Welcome Center (102 Depot Street).

Parking is available right behind the splash pad as well as directly on Main Street.

The splash pad will light up at night, too, for an extra cool ambiance.

Per the City of Fountain Inn, the following are rules and regulations for use of the splash pad:

1. All persons using the splash pad do so at their own risk. This is an unsupervised facility. 2. Water shoes are recommended. 3. All children under (12) must have adult supervision at all times. Children under 6 years old must be within arm’s reach of an adult while on the splash pad. 4. Clothing/swimsuits are required. Children in diapers must wear swim diapers. 5. All participants must conduct themselves in a courteous, safe, and family-oriented manner. 6. Water in the splash pad is not to be used for drinking. 7. No running or rough play. 8. Do not sit, stand, cover, or block any of the water jets. 9. No Food, drinks, alcoholic beverages, tobacco products, and e-cigarettes are allowed. 10. No pets are allowed on the splash pad. 11. No Bicycles, skateboards, skates, or rollerblades are allowed. 12. No glass containers are allowed. 13. Do not use splash pad during severe weather or heavy rain or when thunder or lightning can be seen/heard. 14. No electrical appliances are allowed near the splash pad.

For equipment maintenance problems, call 864.862.4675

What splash pad in the Upstate is your favorite?

Cedar Falls Park in Fountain Inn is the Perfect Park to Visit on a Beautiful Fall Day

Looking for a beautiful park to enjoy on a crisp fall day? Cedar Falls Park in Fountain Inn offers a fun playground, a paved walking path, a historical site, and a waterfall. We’ll give you all the information you need to plan a day at this park with your family.Looking for more parks? We’ve got your Ultimate Guide to Parks and Playgrounds Near Greenville, SC.Want more ideas on p...

Looking for a beautiful park to enjoy on a crisp fall day? Cedar Falls Park in Fountain Inn offers a fun playground, a paved walking path, a historical site, and a waterfall. We’ll give you all the information you need to plan a day at this park with your family.

Looking for more parks? We’ve got your Ultimate Guide to Parks and Playgrounds Near Greenville, SC.

Want more ideas on parks to explore, places to hike and more outdoor fun? Check out our Things to do Outside page.

I was first introduced to Cedar Falls Park by Deirdre at JDaniel4’s Mom. Deirdre and I are friends, and she is also a local blogger. She blogged about her visit to Cedar Falls Park during the 2013 Greenville Park Hop. I could tell that she and J Daniel had a lot of fun during their visit, and I decided that my family would need to check the park out ourselves.

After our visit my husband and I agreed that Cedar Falls Park is a local secret. The playground is imaginative and great for getting kids active. But the best part about Cedar Falls Park is the paved path (yay for strollers!) that leads to a beautiful wooded area where the Reedy River rolls over waterfalls and wildlife abounds.

The history of Cedar Falls Park

Cedar Falls Park doubles as not just a recreational spot but also as an historic area. The site originated as a Cherokee hunting ground and transportation hub across the Reedy River. Later in the 1800s, a dam was built to power several mills. In the 1900s, a larger dam generated electric power for the Fork Shoals Mill. A more complete history of the Cedar Falls is located on a park sign on the trail.

On the trail, you will also find a sign explaining the Cherokee history of the site as well as a sign about the environmental aspects of the Reedy River which includes a chart of wildlife in the area.

Basic Information about Cedar Falls Park

The 90+ acres at Cedar Falls Park contains so much:

The Playground at Cedar Falls Park

My kids really enjoyed the play area located at the first entrance of the park. The playground based on fairy tales, included a bean stalk ladder, rock wall, small cave window, and large fun climbing structures. As a mom of a very brave toddler, I was glad to see that even the larger playground wasn’t terribly high (not that I would have wanted her to fall off it).

The playground designed for smaller kids was a little larger than other local options. I liked how it was still challenging and fun for even my 5 year-old (though he was fascinated with the larger structure on the other side).

The playground did not have a fence and both levels of playgrounds were connected. Since the playground was beside the parking lot, you did have to watch small kids closely to make sure they didn’t wander off.

The Falls at Cedar Falls Park

The walk to Cedar Falls was not difficult. Our kids (2 and 5) complained a little and we ended up toting the toddler, but we made it there and back without too much trouble. We did not bring a stroller, but the path was completely paved down to the falls.

We noticed a lot of people playing in the water, but we did not due to it being part of the Reedy River. Parents will want to know that this portion of the Reedy River has the same toxic level warning signs as you will find near the Reedy River at Falls Park.

I wore flip flops and the kids wore shorts on our visit. I would recommend tennis shoes and long pants as you will want to explore off of the path once you reach the falls. Don’t forget plenty of water and snacks too. Basically dress and pack for a hike.

The area was beautiful and we noticed lots of interesting insects and birds.

Even though the park was a little outside the normal area we travel for park visits, I’m sure that we will visit again. The kids really enjoyed their time playing at the park, and word is that Cedar Falls Park is a must-see spot in Greenville in the fall.

Visit Cedar Falls Park with your family

Cedar Falls Park is open daily from 9 am – dusk.

201 Cedar Falls Road, Fountain Inn

Visit the Cedar Falls Park website for more information.

What is your family’s favorite thing about Cedar Falls Park?

Historic renovation at Mill in Fountain Inn to include brewery, restaurants, greenspace

FOUNTAIN INN, S.C. (FOX Carolina) - Over the past two years the city of Fountain Inn has had at least two dozen groundbreaking’s and ribbon-cutting’s, and the latest one is happening at a spot which hasn’t had visitors in years.At the site of the Ellison Flour Mill, things are coming together, such as a brewery, several restaurants and a greenspace.Developers and co-owners, Bryan Beal and Nate Tomforde, gathered for the groundbreaking on Tuesday, February 28. They say they were drawn to the historic location f...

FOUNTAIN INN, S.C. (FOX Carolina) - Over the past two years the city of Fountain Inn has had at least two dozen groundbreaking’s and ribbon-cutting’s, and the latest one is happening at a spot which hasn’t had visitors in years.

At the site of the Ellison Flour Mill, things are coming together, such as a brewery, several restaurants and a greenspace.

Developers and co-owners, Bryan Beal and Nate Tomforde, gathered for the groundbreaking on Tuesday, February 28. They say they were drawn to the historic location for the opportunity to take something old and make it new again.

“This land is on the historical register of South Carolina so it’s a historical landmark so everything we do is going to have to adhere to those standards,” said Beal.

There are three existing buildings on the site, which previously served as a flour mill, auction house and vehicle repair shop. The developers plan to restore all three while preserving the buildings’ history and repurposing as much of the original material as possible.

The former three-story mill building will house a new brewery concept from Tomforde, who also owns Southernside Brewing Co. and Double Stamp Brewing.

“There’s not kind of a local gathering spot here and so being able to put that together with an old historic building, it’s just a special thing,” said Tomforde. “Our city council and I have a vision of making downtown Fountain Inn one of the best small downtown’s in the Upstate.”

The brewing equipment will be installed on the ground level, along with cold storage, a bar area and seating on the main level. The second floor will be used for additional seating and special events. The bar will feature about 15 taps, with a wide selection of house-brewed beers, as well as wine and cocktails.

The middle building will be a common area with indoor seating and access to the outdoor greenspace, which will include even more seating and an outdoor screen for movies, sporting events and live music.

The mill equipment will be refurbished and put on display at the front of the building, to pay tribute to Fountain Inn’s textile history.

Community members are also excited about this site being restored as an entertainment area.

“And we are super excited to see such a great venue come here. It’s going to be awesome,” said Stacy Jacobs. “Sometime this spring will be able to start construction this spring, and we can hopefully be open between now and the end of the year.”

The former repair shop building, on the far side of the property, will become a food hall with multiple local restaurant tenants, which are yet to be announced.

“It is an honor to bring this community gathering space to downtown Fountain Inn,” says Beal in a release. “We are incredibly grateful to the City, the Chamber, and all of the local leaders who are helping make it possible. We are thankful for the support and partnerships that got us to this point. We can’t wait to see our vision for The Mill at Fountain Inn come to life.”

The brewery will likely be the first to open, with the full development projected to open by early 2024.

Copyright 2023 WHNS. All rights reserved.

The 2nd Annual Fountain Inn Italian-American Heritage Festival is Happening in April 2023

The second annual Fountain Inn Italian Festival is on Saturday, April 29th, 2023. Are you thinking about attending the festival? We have the schedule, the vendors, and all the details you need to plan your day to have an incredible time at the Italian-American Heritage Festival.About the Italian-American Heritage Festival in Fountain Inn, SCThe quick facts:This Italian-American Heritage Festival was a huge suc...

The second annual Fountain Inn Italian Festival is on Saturday, April 29th, 2023. Are you thinking about attending the festival? We have the schedule, the vendors, and all the details you need to plan your day to have an incredible time at the Italian-American Heritage Festival.

About the Italian-American Heritage Festival in Fountain Inn, SC

The quick facts:

This Italian-American Heritage Festival was a huge success for its inaugural year in 2022. This year’s festival seems to be giving the same amount of excitement, if not, more. There will be music, food, drinks, shopping from vendors, and activities. Last year there was a 50/50 raffle, corn hole tournament, and even a spaghetti eating contest! We’re so excited to see what 2023 holds—the committee says it will be bigger and better!

2022 Entertainment and Demonstrations Schedule (2023’s schedule has not been released)

12 pm: Opening Ceremony12:30 pm: Opera, John Shorter1 pm: Chef Kevin: How to make fresh ricotta and cavatelli1:30 pm: ballet, to include traditional Italian dances2:30 pm: Italian Songs, John Shorter2:30 pm: Chef Fred: How to make Braciole with meat sauce2:30 to 5:30 pm: Corn hole tournament and other games3:15 pm: Folk Music, Ashlyn Greene4 pm: Chef Kevin: How to make Sicilian Maccarruna and Marinara4:30 pm: DJ Mike Guiliano6 pm: John Shorter/ Mike Philip6:15pm: Spaghetti Eating Contest7:40 pm: Closing speech

Sign up for Events

Want to show the Upstate how much spaghetti you can eat, or show off your corn hole skills? You need to sign up in advance.

Spaghetti eating contest: How fast can you eat 1/2 lb of spaghetti with marinara? Email Chuck at cferraro3435@gmail.com to enter. The winner will receive a $25 Gift Card.

Corn hole tournament: Sign up for the cornhole tournament online.

Fountain Inn Italian Festival Map

Find a brochure with a festival map on the Italian Festival Facebook page. (Not released for 2023 yet)

Vendor Shopping and Food at the Festival

Good Italian food is not always easy to find in the south, and that’s just one of the things that will make this festival unique.

Check out the vendors that plan to set up at the festival, and do yourself a favor, make sure to get a pastry from Gio’s Pastry Shop.

Disclaimer:

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