Probate Lawyer in Greer, 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 Greer, 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 Greer, 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 Greer, SC
Probate Lawyer Greer, 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 Greer, 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 Greer, 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 Greer, 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 Greer, SC

Greer leaders vote to sell Victor Park, despite resident pushback

GREER, S.C. (FOX Carolina) - Neighbors in Greer are upset over plans to sell a downtown area park to residential developers. Tuesday night, the council gave final approval on selling the 4 acre property which is now Victor Park.“The lower income albeit homeowners are being pushed out by the newer developments,” said one resident during the meeting.Victor Park sits just outside of downtown Greer. The city is selling it, not because it’s underused, but because they say it’s used too much.“We d...

GREER, S.C. (FOX Carolina) - Neighbors in Greer are upset over plans to sell a downtown area park to residential developers. Tuesday night, the council gave final approval on selling the 4 acre property which is now Victor Park.

“The lower income albeit homeowners are being pushed out by the newer developments,” said one resident during the meeting.

Victor Park sits just outside of downtown Greer. The city is selling it, not because it’s underused, but because they say it’s used too much.

“We don’t have the capacity to continue to support all of the events and all the programming that we have going on out there,” said Andy Merriman, the Greer City Administrator.

The plan is to sell the park to developers to build a residential community of townhomes or apartments. Feeding the need for the city’s growth. But some residents are worried about change.

“I’m just a little concerned about what the long-term plan is because that is not that far from my house. Is the city going to creep out that way? what’s it going to look like in 10 years?” asked a resident.

Others are more concerned about losing their public space.

“I’m concerned about the kids that play there. i would like to suggest that you perhaps build something before you tear that down,” said another resident.

Right now, Victor Park’s softball fields, basketball courts and gym are frequently used by youth teams, programs and the neighborhood. After the sale, some amenities like the field will be moved to turner park—about a 20 minute walk away. the courts will be relocated somewhere nearby.

“We’re going to continue to provide the services that we are currently providing right now,” said Merriman.

Some residents still see this as a loss, leaders argue it’s a gain because half of the profit from the sale will be used to make major improvements to Turner Park.

“they’re not losing a park they will be gaining enhanced recreation facilities not only in the area they’re used to playing but in new areas we’re going to continue to invest and those quality of life type programs,” he said.

For more information on the Victor Park sale, click here.

Copyright 2023 WHNS. All rights reserved.

Hunting for Toads on Trade in Greer, SC

If you’ve never hunted for the Toads on Trade in Greer, SC, add it to your list of things to do. Inspired by Greenville’s Mice on Main, the downtown Greer scavenger hunt features 16 tiny toad statues tucked away on historic buildings. And if you’ve never ventured to find all 16 toads? We’ve got everything you need to know (including a short history lesson) before you go toad hunting.For more fun, check out ...

If you’ve never hunted for the Toads on Trade in Greer, SC, add it to your list of things to do. Inspired by Greenville’s Mice on Main, the downtown Greer scavenger hunt features 16 tiny toad statues tucked away on historic buildings. And if you’ve never ventured to find all 16 toads? We’ve got everything you need to know (including a short history lesson) before you go toad hunting.

For more fun, check out The Kidding Around Ultimate Visitors and Locals Guide to Greer, SC.

What are the Toads on Trade in Greer?

Ever been walking around downtown Greer and noticed a tiny green frog statue hanging out on the side of a building? Then you’ve likely seen one of the 16 Toads on Trade.

In 2009, Jason Clark, owner of the former downtown restaurant The Strip Club 104, brought the Toads on Trade scavenger hunt to Trade Street. The original search included 10 toads based on a leggy-fella named Tater.

When the city revitalized Trade Street, the beloved toads disappeared. But one young lady, Kelsi Kennemore, decided to bring them back bigger and better than before.

At only 10 years old, she researched the history of downtown Greer with the help of the Greer Tidbits (Jonathan Lovegrove and his family) and The Greer Heritage Museum. She then used all the info to create new hints for the new Toad locations.

And today? There are 16 toads to be found on and near Trade Street.

Toads on Trade Clues and Starting the Hunt

Before you head out for a Toad scavenger hunt, be sure to grab a list of the Toads on Trade clues.

The Toads on Trade hints tell you where to start your hunt. As you wander down Trade Street, be sure to look high and low. Some are easy to find and others are a bit more difficult.

Tater Toad and his wife returned for more fun. But the sweetest of the bunch is Tallulah Toad, and finding her will earn you a delicious reward. The rest of the hints to locate Toads can be found online.

Tips for Toads on Trade

If you are planning on going on the toad hunt in Greer, my biggest advice would be to print your scavenger hunt clues.

If you get stuck, you can even find a list of Toad locations. The list includes what historical relevance the clue mentioned. So even if you have to cheat a little, there’s still a lot to gain in a look back at the growth of downtown Greer. See how many you can do without peaking, though. The Toads (off of) Trade might be a bit trickier.

Along with the scavenger hunt, you’ll get a mini-history lesson about the former occupants of the historic buildings that line the streets of downtown Greer.

You may spot a toad long before your kids do. Feel free to gamify your hunt even more and play “hot or cold” with them, telling them when they’re getting “warmer” (closer) to the toad.

Bring a camera or have your phone ready to take pictures of your children with the toads they find! You can turn the photos into a little journal or diary of your adventures later.

Be sure to wear comfortable shoes since you’ll be walking!

Following The Toads on Social Media

Do You Love Old Fashioned Christmas Charm? Head to Greer, SC

Looking for a small-town Christmas feel this year? Downtown Greer, SC offers up several events packed with old-fashioned Christmas Charm along its historic Trade Street. Read on for a list of Greer’s Christmas events with all the details and suggestions so you can make the most of your holiday time in Greer. I love downtown Greer, really any time of the year. Trade Street has that lovely historic feel only enhanced by its charming recent renovation. Standing there, surrounded by old buildings and preserved historic sign...

Looking for a small-town Christmas feel this year? Downtown Greer, SC offers up several events packed with old-fashioned Christmas Charm along its historic Trade Street. Read on for a list of Greer’s Christmas events with all the details and suggestions so you can make the most of your holiday time in Greer.

I love downtown Greer, really any time of the year. Trade Street has that lovely historic feel only enhanced by its charming recent renovation. Standing there, surrounded by old buildings and preserved historic signage, you can almost feel the slowness of days gone by.

But Christmas makes it all the more special. The lights are lit, the shops have all decked out for Christmas, and the sidewalks seem more alive as people explore the local shops and eateries. The City Park is full and bursting with Christmas cheer. My family is super excited to experience Christmas in downtown Greer again this year.

Watch Santa Light the Tree in Greer

What to expect at the Greer Christmas tree lighting event

Top of the list for Christmas in Greer is the Greer Christmas Tree Lighting on Friday, December 1st 2023 from 5:00 – 8:00 pm. This is a favorite for my family. If you’ve not been to Greer City Park during the Christmas season, you are missing out. They decorate the area with lots of white lights, and some colored light characters. The fountain is lit up and it’s just very pretty.

The tree lighting event includes holiday craft stations, Smores benefiting Greer Relief, inflatables, and holiday performances at the amphitheater. The fun starts at 5 pm and lasts until Santa arrives at 7:15 to light the tree.

Trade Street Christmas

While you wait for the tree lighting, head over to Trade Street for a meal, a treat, or a cup of coffee. The lights stretched along the old buildings and spiraled up each street lamp are classic, simple, and beautiful. We just need a little snow to make it perfect….don’t worry that just might be in your not-too-distant future.

Make sure to head back towards the Christmas Tree at the entrance to Greer City Park shortly after 7 pm. Santa usually arrives by sleigh around 7:15 pm to light up the tree.

If you were thinking all that old-fashioned, quaint Christmas talk sounded great, but would have really been over the top with a little sprinkle of snow. You might be in luck.

A little snow

In years past, the tree lighting included a little artificial snow falling off the sign that stretches across the park entrance behind the tree. Never have I seen so many people pressed underneath that sign, but it sure was fun. And of all the things my kids talk about, it’s not the music, or the tree, or Santa, or even cocoa, it’s that snow. Seriously, mid-July in shorts and tank tops, “Remember that’s where the snow came from, Mom!” Yep.

Greer Famers Market Christmas Festival

The Greer Farmers Market Christmas Festival is Saturday, December 2nd from 10 am – 2 pm and Sunday, December 3rd from 10 am to 2 pm in Greer City Park. The Greer Christmas Festival will include, of course, shopping or unique gifts from local makers and small businesses. There will also be food trucks on site and live entertainment.

Of course, Trade Street isn’t going anywhere so you’ve got several weeks to enjoy it all dressed up for Christmas.

Greer Christmas Parade

Last but certainly not least, Greer’s Christmas Parade is Sunday, December 3rd at 1:00 pm. The North Pole reports that Santa will be back in Greer in time for the parade.

Christmas in Greer, SC: Schedule of Event

Friday, December 1, 2023Greer Christmas Tree Lighting, 5 pm, City Park (Tree is lit up after Santa arrives at 7:15 pm, arrive earlier to enjoy Downtown Greer, holiday craft stations, vendors and more.)

Saturday and Sunday, December 2-3, 2023Greer Christmas Festival, 10 am to 2 pm, Greer City Park, farmers market, food trucks, live entertainment, vendor and local gifts, and more!

Saturday, December 3, 2023Christmas Parade, 1:00 pm

More Things to Do & Christmas Events in Greer, SC

Does your family love Christmas in Greer as much as mine does?

There’s more to love in Downtown Greer! Our Downtown Greer guide is full of information for visitors and residents, including things to do, shops, restaurants, events, and much more!

Greer addresses potential sale of Victor Gym and Park and what's next

GREER, S.C. —The city of Greer is addressing the potential sale of Victor Gym and Park.City council gave initial approval this week to sell the city-owned property to Meridian Property Purchaser.The proposal still faces another vote by council before the deal can be finalized.“The main reason for considering a sale of this property is to accommodate the demand for our recreational services. The growth Greer has experienced in recent years has outgrown the Victor Facilities,” City...

GREER, S.C. —

The city of Greer is addressing the potential sale of Victor Gym and Park.

City council gave initial approval this week to sell the city-owned property to Meridian Property Purchaser.

The proposal still faces another vote by council before the deal can be finalized.

“The main reason for considering a sale of this property is to accommodate the demand for our recreational services. The growth Greer has experienced in recent years has outgrown the Victor Facilities,” City Administrator Andrew Merriman said. “The City is exploring options to create a new, multi-use sports and event facility to accommodate those needs. We are committed to doing our due diligence in finding a purchaser who will deliver a project that will provide the right mix of residential and commercial uses to support the vitality of our growing city.”

Here are the answers to some questions that are posted on the city's website:

Why is the City selling the property?

Continued programming on this site is unsustainable. As a result of our growth and the demand for recreational services, our ability to serve those needs are limited given the size of the facilities at Victor Park. We have outgrown the space and need to expand to meet the recreational needs of our growing community.

With recent improvements to Greer Station through the CenterG project, making the property available for a residential or mixed-use project would continue the renovation and improvement of the central business district and expand the pedestrian-friendly nature of Greer Station. Also, part of the City’s Smart Growth strategy is to increase density in the central business district, which this would help accomplish.

Why not simply rebuild on the site?

Rebuilding on the site to accommodate our current and future needs would still require the removal of the ballfield and basketball courts to accommodate for the required parking.

How will the proceeds of the sale be used?

Income from the sale of the property will fund infrastructure, be that in the form of utilities, pedestrian safety or capital facilities.

Where will softball/baseball games be played?

The City’s Recreation facilities, which currently include Country Club Road Park and Century Park for baseball and softball, as well as the Suber Road Complex, will be complemented by renovations at H.R. Turner Park that include a new ballfield and expanded amenities for both players and spectators. Turner Park is located on Virginia Ave., 1.4 miles from Victor Gym.

How will gym facilities be replaced short and long term?

The City has maxed out the capacity of the current space at Victor Gym. Planning for a new sports and events center will allow the City to create a multi-use facility to meet the needs of current and future recreation and athletic programming.

The City of Greer intentionally negotiated a due diligence period for this project of [300] days in an attempt to create a smooth transition from the current facility to new, more modern facilities capable of handling the City’s growing needs. The goal is that there will be no interruption of services for those who take full advantage of the City of Greer’s recreation amenities.

What will happen to the Creative Advancement program and summer camp?

Should timing make it necessary, alternative space will be made available to accommodate these valuable programs in the short term with the expectation of locating both in a new permanent setting in the future.

What about the outdoor basketball court and playground?

The City is working on options to relocate the outdoor courts to a convenient location in the Victor Community. Basketball courts for public use are currently available at Greentown Park, B.P. Edwards Park and Wards Creek Park. Those facilities, in addition to Victor Heights Park, Greer City Park and the Center for the Arts Park all offer quality play structures for young people.

What project is anticipated for that location?

The highest and best use of this property is for mixed use, residential, or commercial. Through the use of a development agreement, the City will be able to determine whether a prospective project meets the desired current and future use for the property.

While the City of Greer is taking steps to enter into an agreement to ultimately redevelop this property, until all due diligence is completed by the prospective purchaser, the City of Greer cannot be certain that this redevelopment will occur. Regardless of the outcome of this opportunity, the City of Greer remains committed to its plans to modernize and grow its recreational footprint to meet the needs of a growing City.

Is sufficient infrastructure in place to support a residential or mixed-use project?

Greer CPW has invested heavily in improving downtown infrastructure over the past decade. The property’s access to Highway 101 provides ideal ingress/egress. The townhomes constructed on Park Ave. have been a welcome addition while having little impact to traffic and utilities in the area.

As with any development in Greer, a Traffic Impact Analysis (TIA) and environmental research will be conducted prior to any construction on the site. A TIA will identify peak use time and outline necessary road improvements to mitigate a projects impact.

Top Picks

Here’s what will replace The Strip Club 104 steakhouse in GreerÂ

Listen to this articleRick Erwin Dining Group, known for its family of steak and seafood restaurants across the Upstate, has plans to open Rick Erwin’s Greer, a traditional fine dining concept like Rick Erwin’s Eastside, Clemson, West End Grille, and Level 10, according to a news release.“We are thrilled to be back in growth mode,” said Michael Ivey, owner and CFO of Rick Erwin Dining Group. “We opened our first neighborhood ...

Listen to this article

Rick Erwin Dining Group, known for its family of steak and seafood restaurants across the Upstate, has plans to open Rick Erwin’s Greer, a traditional fine dining concept like Rick Erwin’s Eastside, Clemson, West End Grille, and Level 10, according to a news release.

“We are thrilled to be back in growth mode,” said Michael Ivey, owner and CFO of Rick Erwin Dining Group. “We opened our first neighborhood restaurant, The Vista, on Augusta Street last fall, and we look forward to opening one of our signature steak and seafood concepts in the heart of downtown Greer in the spring.”

Rick Erwin’s Greer will take over the space previously occupied by the former steakhouse, following owner Jason Clark’s announcement that he was permanently closing the restaurant after more than a decade in business, the release said.

“Strip Club 104 has been a fixture in Greer for many years,” said Ivey. “A lot of people are sad to see it go, including us. We’ve been friends with Jason for a long time and followed his success over the years. It timed out perfectly that he was ready to close one chapter and we were looking to start a new one. We are honored to move into a space where such a well-respected restaurant has been for so long, and we look forward to serving the Greer community.”

The management team for the new location will consist of longtime Rick Erwin Dining Group employees. Both the executive chef and general manager, whose names will be announced later, are being promoted from within, according to the release.

“We are a locally owned and operated restaurant group, and we take that responsibility very seriously,” said Ivey. “We’re not just growing our footprint, we’re growing our team, our future leaders, and our community impact.”

The expansion announcement comes shortly after Rick Erwin Dining Group launched Crab Cakes for a Cause, a new charitable initiative that reflects the company’s commitment to giving back to the community through a popular item featured on all its restaurant menus, the release said.

“Each new location we open is a chance to reach more people through Crab Cakes for a Cause, which helps us bring even more awareness to the needs of our local nonprofits,” Ivey said.

Rick Erwin’s Greer is anticipated to open in May at 104 E. Poinsett St.

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