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

Things to Do This Month Near Greenville, SC

Are you looking for things to do this month or even this weekend in Greenville, SC? From concerts to shows to children’s programming, sporting events, festivals, and free events, there is almost always a great answer when you’re searching for things to do near you, at least there is when you live in South Carolina’s Upstate!What’s happening this month in Greenville, SC?Never be bored, and never miss an event your family will love! We’re highlighting some of the coolest, most unique, most interest...

Are you looking for things to do this month or even this weekend in Greenville, SC? From concerts to shows to children’s programming, sporting events, festivals, and free events, there is almost always a great answer when you’re searching for things to do near you, at least there is when you live in South Carolina’s Upstate!

What’s happening this month in Greenville, SC?

Never be bored, and never miss an event your family will love! We’re highlighting some of the coolest, most unique, most interesting, and most popular events this month. But don’t forget to check out our FULL event calendar for even more amazing options. Here’s what to do this month near Greenville, SC.

For things to do this month in Spartanburg, SC, see our Monthly Event Guide to Spartanburg, SC.

Thank you to our sponsors. Sponsored events are marked as “featured.”

Family Friendly New Year’s Eve & Day

These New Year’s events are for kids! Several businesses and organizations throughout the Greenville area will host special celebrations to help ring in the new year. Check out these 10+ Family Celebrations for 2024: New Year’s Celebrations for Kids!

Things to Do This Weekend Near Greenville, SC

The weekend is about here and you’re ready for some fun in the Upstate. But what’s happening this weekend? We know! Here are some great events happening on the weekends this month.

Skating on the Big Ice, select dates December 16th – 30th, 2023Friday Starry Nights, Roper Mountain Science Center, Fridays in January The Toasty Farmer (Indoor Market), Saturdays in JanuaryOpen Art Studios Anniversary Celebration, January 5th, 2024SCCT’s Tell Me A Story Theatre, January 13th, 2024Harry Potter and the Sorcerer’s Stone in Concert, January 13th, 2024The Watsons go to Birmingham, SCCT, January 19th – February 4th, 2024Saturday Story Time @ Hughes Library, January 20th, 202454th Annual Upstate Boat Show, January 25th – 28th, 2024Feathered Friends, TR Makers Co. January 26th, 2024Greenville Symphony Presents: Lollipop Series, January 27th, 2024

If the scheduled events and festivals aren’t piquing your interest, try these great things to do on the weekend with the family.

Theater, Shows, and Sporting Events

Harry Potter and the Sorcerer’s Stone in Concert, January 13th, 2024The Watsons go to Birmingham, SCCT, January 19th – February 4th, 2024D is for Dance Party, SCCT, January 26th – February 4th, 2023Greenville Symphony Presents: Lollipop Series, January 27th, 2024

VS. Florida Everblades, December 31st, 2023VS. Florida Everblades, January 5th and 6th, 2024VS. Orlando Solar Bears, January 10th and 12th, 2024VS. Jacksonville Icemen, January 20th & 21st, 2024

Free Things to Do Happening This Month

We love free things to do! The events below happening in the Upstate are all “free” meaning they have no admission charge to attend.

The Toasty Farmer (Indoor Market), Saturdays in JanuaryScience Station Jr.: Ice, January 10th, 2023Teddy Bear Tea Party, Hughes Main Library, January 12th, 2024SCCT’s Tell Me A Story Theatre, January 13th, 2024Greenville Symphony Presents: Lollipop Series, January 27th, 2024

Educational Events This Month

Afternoon Explorations, Thursdays and Fridays in January, 2024Friday Starry Nights, Roper Mountain Science Center, Fridays in January 2024Snowy Day StoryTime, Five Forks Library, January 8th, 2024Arctic Art Camp, Yellowbobbypins, January 15th, 2024

Things to Do With Younger Kids

Looking for the best things to do with your toddlers or preschoolers?

Check out our full event calendar for tons of free events at Greenville County Library branches that offer several programs just for younger kids and babies! These events are in the morning, recurring, and occur throughout the month. If you see an event you’re interested in at a library branch, check to see if it is offered throughout the month at your local location.

Our Top Picks: What Not to Miss This Month in Greenville

Friday Starry Nights, Roper Mountain Science Center, Fridays in January The Toasty Farmer (Indoor Market), Saturdays in JanuarySCCT’s Tell Me A Story Theatre, January 13th, 2024The Watsons go to Birmingham, SCCT, January 19th – February 4th, 2024D is for Dance Party, SCCT, January 26th – February 4th, 2023Greenville Symphony Presents: Lollipop Series, January 27th, 2024

Travel Highlight

Looking for a new adventure? Go somewhere new. See something you’ve never seen. Travel far or stay close to home. Here are some ideas to get you started.

A cozy winter getaway can be a great idea when traveling with your family! Gather at one of these winter vacation rentals, where you can relax at a mountain cabin in celebration with a warm drink, a cozy blanket, and a hot tub!

The off-season is a wonderful time to travel, especially because it is cheaper! Especially when you have our list of the Unique, Best Places to Visit in the Southeast! You will find bucketlist worthy adventures that are certain to make the most magical memories for your family.

Upstate SC’s first food truck park opening this summer in Greer, plus another Sofrito

Less than six months after opening their second Sofrito Restaurant, owners Hector and Ana Batista are already in the process of opening not one, but two, new concepts.One of those, the Food Truck Village, is slated to open at 101 Pennsylvania Ave. on t...

Less than six months after opening their second Sofrito Restaurant, owners Hector and Ana Batista are already in the process of opening not one, but two, new concepts.

One of those, the Food Truck Village, is slated to open at 101 Pennsylvania Ave. on the outskirts of downtown Greer this summer. The other, Sofrito Rotisserie, is set to open at the Publix shopping center in Taylors this winter.

The growth comes as the Batistas are finally putting in motion plans they’ve had in the works for some time and another plan that was born from observing the market and adapting.

“I don’t consider it work, because I enjoy it so much, and the fact we can contribute to providing, help the economy and provide work and help grow the individuals around us,” said Hector Batista, in between stops at the food truck village and Sofrito Downtown. “It’s rewarding.”

The Upstate’s first food truck park

Initially, the Batistas saw potential for creating a food truck park in Greenville.

They were eyeing a property at the corner of Mauldin Road and Pleasantburg Drive, but the partnership in the space never quite materialized and so the Batistas were searching anew.

They figured they’d find a place in Greenville, but when they saw the space that housed Rosie’s Hot Dogs in Greer for 30 years, they knew they’d found a home for the concept.

That concept includes a mix of food trucks and a permanent counter-service restaurant.

The former hot dog space is on track to be converted into a small café that will serve items such as paninis, flatbreads and hot dogs. It will also serve as a bar selling drinks including beer and wine.

Plans call for transforming the outside space into an oasis of sorts, with covered outdoor seating, a deck and hanging lights. The goal is to have about five food trucks present at all times, with the trucks rotating on a weekly basis.

Trucks will pay a small fee that will go toward covering the cost of utilities and upkeep, Batista said.

Among the trucks will always be the Batistas’ Cuban coffee and dessert truck, which will serve Cuban coffee and warm desserts like bread pudding and sweet empanadas, as well as ice cream.

Once open, Batista hopes to feature live music on Fridays and Saturdays and a happy hour with discounted beverages and bites.

Ordering for food trucks will be done via QR code, but guests will be able to order beverages and other food at the counter inside.

“I hope it becomes a place where people know they can have great food and a family community atmosphere,” Batista said. “But I want it to be a community where the community is supporting small local entrepreneurs.”

Sofrito Rotisserie

The idea for a casual-quick-service hybrid concept has been cooking for over a year.

Initially, the Batistas thought about bringing the concept to the West End space, but the restaurant footprint in that location was much larger, so it made more sense to bring their full-service Softiro Latin Restaurant & Bar concept there instead.

The idea has grown out of innovation and necessity. With continued challenges in staffing restaurants, Sofrito Rotisserie allows for great food and efficient service without having to rely too heavily on lots of staff, Batista said.

The 1,500-square-foot space in Taylors will be a hybrid quick-service and sit-down spot. Guests will be able to order at a counter and will be given a pager that, once they are seated at a table, will alert the kitchen of their order and place in the dining room.

Servers will then bring food to tables.

The focus is high-quality and fast.

The food will center on the traditional Latin American sauce called “wasakaka.” The garlic-citrus herb sauce is often paired with chicken.

HGTV named 2 SC cities for their favorite Thanksgiving getaways. Here’s where

Have you been thinking about taking an in-state Thanksgiving getaway?The stress of the holidays leaves many families feeling “burnt out,” stressed and tired. With school breaks also just around the corner, a nearby change of scenery might be what you need.Recently, HGTV created a list of the 21 best places for a Thanksgiving holiday vacation thi...

Have you been thinking about taking an in-state Thanksgiving getaway?

The stress of the holidays leaves many families feeling “burnt out,” stressed and tired. With school breaks also just around the corner, a nearby change of scenery might be what you need.

Recently, HGTV created a list of the 21 best places for a Thanksgiving holiday vacation this year, and two South Carolina destinations made the list.

The two cities can be found in Upstate South Carolina.

First on the list is the City of Greer.

Also named as one of HGTV’s Best Small Towns in America, Greer was noted as being on track to become the South’s “next big small town,” according to HGTV.

The area was inspired by cities in Europe and Montreal, with the downtown area being redesigned with brick-paved streets that invite pedestrians to explore the local scene and near-weekly frequent special events, according to the Home and Garden television program.

For those who like to explore, the area also features more than 40 buildings on the National Register of Historic Places.

Next, Spartanburg was named for its art, outdoor experiences and culinary scene, making it a great Thanksgiving getaway for families.

“The downtown area is a designated cultural district with music venues, world-class art galleries, museums and other attractions. Visit the only BMW museum in North America, sip a cocktail at Initial Q, an upscale smokehouse and bar, or hike, picnic and ride horses in Croft State Park. Look for the historic Clock Tower in Morgan Square, shown here, where you’ll find live music, boutiques and public art,” detailed HGTV.

Spartanburg also has several restaurants open on Thanksgiving Day for those who are looking to avoid cooking on the fall holiday as well as festive races to be active and include the whole family for lasting memories.

SC Ports handles record cargo at Inland Port Greer

The team at Inland Port Greer loaded and unloaded 17,000 containers filled with goods last month, which is a 42% increase from last October. Inland Port Dillon also had a strong month, handling 3,148 containers in October, up 31% from last year.South Carolina’s two rail-served inland ports provide quick access to inland markets, ensuring goods efficiently flow to and from the Port of Charleston. Customers benefit from supply chain efficiencies and reduced emissions by moving more cargo by rail.SC Ports is currently expand...

The team at Inland Port Greer loaded and unloaded 17,000 containers filled with goods last month, which is a 42% increase from last October. Inland Port Dillon also had a strong month, handling 3,148 containers in October, up 31% from last year.

South Carolina’s two rail-served inland ports provide quick access to inland markets, ensuring goods efficiently flow to and from the Port of Charleston. Customers benefit from supply chain efficiencies and reduced emissions by moving more cargo by rail.

SC Ports is currently expanding Inland Port Greer to double its cargo capacity and increase rail capabilities.

“The bustling logistics hub moves cargo 24/7 for many advanced manufacturers, tire producers, apparel companies and major retailers,” Melvin said. “This growth demanded an expansion to meet our customers’ needs.”

The new, rail-served Navy Base Intermodal Facility, which is currently under construction in North Charleston, will feed more cargo to the inland ports. Both CSX and Norfolk Southern will serve this near-port intermodal yard when it opens in 2025.

“As companies expand their operations and invest in new facilities in South Carolina and throughout the Southeast, SC Ports is investing in critical port infrastructure to support this growth,” Melvin said.

Overall, SC Ports handled 235,006 TEUs and 129,171 pier containers in October. Container volumes are down about 9% year-over-year, with empty volumes driving the decline. Loaded import and export TEUs were down 1%, while empty TEUs were down 27%.

Although the trends of a tempered global economy and overstocking continue, October showed a little relief with loaded TEUs near October 2022 highs.

October also showed signs of strength and optimism with SC Ports celebrating its highest monthly container volume ever at Wando Welch Terminal with 116,745 pier containers in October, surpassing the previous record set in March 2021.

“The Southeast continues to be a thriving market where people and businesses want to locate,” SC Ports’ Chief Commercial Officer Byron Miller said. “South Carolina Ports is well-positioned through strategic investments to support this growth. We are a powerful alternative gateway on the U.S. East Coast for shippers wanting a reliable supply chain partner and access to a booming market.”

SC Ports handled 16,209 vehicles in October, down nearly 10% year-over-year, but up 9% fiscal-year-to-date with 79,116 vehicles handled since July. SC Ports accommodated 27,209 cruise passengers in October, up 11% year-over-year.

SC Ports also recently celebrated the groundbreaking of a new 15,000-square-foot community center in North Charleston.

Enjoy Local Food and Live Music At The Arts & Eats Festival In Greer, South Carolina

The Greater Greer Chamber of Commerce hosts a new annual fall event, Greer Arts & Eats Festival. The festival is an opportunity for guests to enjoy what Greer’s businesses have to offer families year-round. The Greer Arts & Eats Festival will be held in downtown Greer Saturday, October 7th, 2023 from 10 am to 8 pm! For more info about the Upstate City of Greer, SC – Check out The Kid...

The Greater Greer Chamber of Commerce hosts a new annual fall event, Greer Arts & Eats Festival. The festival is an opportunity for guests to enjoy what Greer’s businesses have to offer families year-round. The Greer Arts & Eats Festival will be held in downtown Greer Saturday, October 7th, 2023 from 10 am to 8 pm!

For more info about the Upstate City of Greer, SC – Check out The Kidding Around Ultimate Visitors and Locals Guide to Greer, SC.

What Is The Greer Arts & Eats Festival?

The Greer Arts & Eats Festival is a family-oriented event held throughout downtown Greer and Greer City Park. The event features art and crafts from over 100 local artisans, children’s crafts and interactive activities, and live music.

Enjoy unique bites and brews from participating food vendors and craft beer stations while enjoying live music from amazing bands on the main stage in Greer City Park.

The “Arts” Part Of The Festival

Music lovers will have the opportunity to listen to regional bands focusing on Americana, Folk, Country, and Bluegrass genres. The live performances all take place on October 7th, 2023 on Trade Street.

The line-up of talent for the 2023 Arts & Eats Festival:

Greer Arts & Eats Festival incorporates the beautiful downtown Greer landscape with a revitalized Trade Street serving as home to Artist Alley. This festival area will be devoted to local arts and craft vendors with handmade goods for sale.

The Kid’s Creation Station Area

The family-friendly Kid’s Creation Station will be held on Saturday, October 7th from 11 am to 3 pm. Crafts at this year’s festival will be great for all ages, including a gigantic art wall, face painting, craft stations, and A LOT more! The Kid’s Creation Station is completely free, so prepare yourself to take lots of crafts home.

The “Eats” Part Of The Festival

Leave room to eat from many different food vendors throughout the festival and for those 21 and older, drink from one of Greer’s most popular Craft Breweries, The Southern Growl.

Some of the Food and Beverage vendors participating in this year’s event include:

Festival FAQS

This article was originally written by Melanie Coblentz, but has been updated by the Kidding Around Team.

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