Probate Lawyer in Hanahan, 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 Hanahan, 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 Hanahan, 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 Hanahan, SC
Probate Lawyer Hanahan, 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 Hanahan, 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 Hanahan, 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 Hanahan, 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 Hanahan, SC

Hanahan’s Otranto neighborhood goes all-in for Halloween

HANAHAN, S.C. (WCBD) – It was a chilly and crisp October night in the Otranto neighborhood on Monday, a perfect setting for the community’s annual Halloween decorating contest.A walk down many of the Italian-named streets and you’ll see the sparkle of orange, green and purple lights inviting a view from passersby — but look a little closer and you’ll find skeletons running amuck and ghosts dangling in the trees high above.While many homes in the neighborhood are beautifully decorated for the fall s...

HANAHAN, S.C. (WCBD) – It was a chilly and crisp October night in the Otranto neighborhood on Monday, a perfect setting for the community’s annual Halloween decorating contest.

A walk down many of the Italian-named streets and you’ll see the sparkle of orange, green and purple lights inviting a view from passersby — but look a little closer and you’ll find skeletons running amuck and ghosts dangling in the trees high above.

While many homes in the neighborhood are beautifully decorated for the fall season, the star of the show is there along Monte Sano Drive where you’ll find home after home boasting dazzling but spooky décor.

Just past a home where Freddy Kruger himself sits off the front porch — and across from Roma Road — is a wildly haunted cemetery scene. There is much to take in with a dark creature looming over the graveyard and eye-catching creatures no matter where you turn.

At this home you will find a sign out front begging neighbors to keep Halloween a beloved holiday. “Do not let Halloween be a thing of the past,” the sign read. “Decorate, turn on your light, hand out candy … Be a community!”

It was the Judge’s Choice 1st place winner.

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A walk around the loop, enjoy the sights and sounds of inflatable ghosts and animated ghouls shouting at you from the roadway. Or a skeleton who was not able to keep anything down.

On the opposite end of Monte Sano Drive is a home you simply cannot miss. Set with a purple and green glow are myriad Halloween animatronics begging for your soul. From witches to skeletons, a giant werewolf and even the headless horseman — be sure to stop and see what this yard has to offer.

Our favorite was the green goblin and a nicely timed scare. The home won second place scariest yard.

And just across the street you’ll find large sheets of spiderweb draping portions of the yard. A frightening scarecrow and large ghosts were the setting for this home winning second place most creative.

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A short trip away down Monte Sano Court and you’ll find a home fit for Jack and Sally.

Say hello to Oogie Boogie and the gang as you walk through the pumpkin shaped door and take in the Nightmare Before Christmas themed yard including scenes from Halloween, Easter, and Christmas.

11th Hanahan military fest celebrates veterans, offers post-service resources

BERKELEY COUNTY, S.C. (WCSC) - Hundreds gathered in Hanahan on Saturday for a full-day affair dedicated to honoring the nation’s veterans.Several community members say it is vital to prioritize our Lowcountry military before, during and after their service.“That’s what it’s all about,” Navy Veteran Jerry Oldham says. “Right here. I’m one of you all, you’re one of us. We’re in this all together.”After two tours in Vietnam and several years of service, Oldham now ...

BERKELEY COUNTY, S.C. (WCSC) - Hundreds gathered in Hanahan on Saturday for a full-day affair dedicated to honoring the nation’s veterans.

Several community members say it is vital to prioritize our Lowcountry military before, during and after their service.

“That’s what it’s all about,” Navy Veteran Jerry Oldham says. “Right here. I’m one of you all, you’re one of us. We’re in this all together.”

After two tours in Vietnam and several years of service, Oldham now calls the Lowcountry his home.

He believes post-military resources didn’t always exist, but they are more important than ever.

“There’s more programs, opportunities, more things that look to help veterans today that weren’t there in the past.”

400,000 veterans currently live in the state out of 20 million nationwide, according to studies done by the South Carolina Department of Health and Environmental Control.

28% of them are experiencing a disability of some kind, whether physical or mental health-related.

Besides the day filled with speeches, songs, treats and trinket shopping, a handful of vendors were in attendance to support transitioning and post-service veterans.

“Whether it’s a lifelong career or just a few years, they come out different than when they went in,” City of Hanahan Mayor Christie Rainwater says. “They often need services and support.”

“Education, employment, nutrition, housing, social networking, all the different things which hug a veteran through their transition,” Palmetto Pathfinder Jean Brooks adds.

Palmetto Pathfinder is one of the many options available to veterans who need assistance.

It is a three-day mentorship program through the statewide Department of Veterans Affairs.

“A Pathfinder is a mentor for other veterans,” Brooks says. “We can speak to each other in our own language and provide resources.”

Oldham says it is heartwarming to see advocacy and celebration from the community in a time where it is becoming “less common.”

“It kind of hurts me sometimes, the things that happen today because people just don’t appreciate it.”

The City of Hanahan has been a long-time supporter with a population consisting of mostly military families.

They say they hope to continue to foster relationships and work toward making resources more accessible until the festivities start again next year.

“To those post-military, say ‘Hey, how can we support you, what are you in need of? You have served us, now we want to serve you.’”

For information on Veterans Affairs services, click here.

For information on the Palmetto Pathfinder Program, click here.

Copyright 2023 WCSC. All rights reserved.

Commentary: What makes a home? Hanahan has an answer to that.

Hanahan ... home sweet home. I regret to say I wasn’t born here. But I sure got here as fast as I could.Growing up in Hanahan would have felt like an American dream.However, I truly believe that not growing up here has created a deeper appreciation for where I now choose to live and raise my family. While the location is ideal and central to the Charleston region, it’s the culture and family values that I treasure most.Throughout this year, Hanahan has been celebrating its 50th birthday. This area was populat...

Hanahan ... home sweet home. I regret to say I wasn’t born here. But I sure got here as fast as I could.

Growing up in Hanahan would have felt like an American dream.

However, I truly believe that not growing up here has created a deeper appreciation for where I now choose to live and raise my family. While the location is ideal and central to the Charleston region, it’s the culture and family values that I treasure most.

Throughout this year, Hanahan has been celebrating its 50th birthday. This area was populated as far back as the 1600s, and one would find plantations where homes, parks and businesses now stand.

Sir John Yeamans founded Yeamans Hall, and brothers Arthur and Edward Middleton established Otranto Plantation to name a few of the first settlers.

After Reconstruction, the Charleston region grew, and so did its needs, especially for water.

To meet that need, the Commissioners of Public Works was established and purchased the Goose Creek Reservoir.

It later developed a vast system of tunnels and a pumping station to supply potable water to the region.

In addition to being a businessman and influential leader of this time, J. Ross Hanahan was named the first chairman of the Commissioners of Public Works. Upon his departure, the pumping station was named after him, and the area became known as Hanahan.

Schools were built. Business were created. Homes were established.

In September of 1973 (only a year after North Charleston officially became a city), the city of Hanahan was officially incorporated.

The city is still known for its award-winning schools, sports and community culture.

I recently co-authored a book called “Hanahan,” released by Arcadia publishing, as a part of its Images of America series.

When we met with people to learn about how Hanahan came to be, the stories weren’t just logistical. They were personal.

Stories of jumping off the train trestle into the water, dads coming home from work from the shipyard or paper mill, students at Senior Hill, first dates at the Arcadia Rollerdrome at Port Park, fishing at Mabeline Lodge and more.

Many stories started with “One time ...” or “Back in the day ...”

While the formation of the city itself is so important, just as important are the stories of the daily experiences of the people who became the city of Hanahan.

I began by referring to Hanahan as home sweet home. Many reading this will think of a place, a location, maybe even a house.

However, those who live in Hanahan know that home sweet home means the people, because through this extraordinary community one quickly learns that home is not a place but a person, or in our case, the people who surround us.

Christie Rainwater is Mayor of Hanahan.

Hanahan Middle School students learn to save lives

HANAHAN, S.C. (WCIV) — Learning how to save lives one class at a time is the goal of a course at Hanahan Middle School."Our principal came to me last year , wanting to start a new class," teacher Susan Hill said. "And we did."Read more: Berkeley County begins construction of Nexton Middle School...

HANAHAN, S.C. (WCIV) — Learning how to save lives one class at a time is the goal of a course at Hanahan Middle School.

"Our principal came to me last year , wanting to start a new class," teacher Susan Hill said. "And we did."

Read more: Berkeley County begins construction of Nexton Middle School

The new class, called Introduction to Health Professions, brings the medical world to the classroom.

"We go through a lot about the body systems, different tools used by health professionals, and different types of jobs," Hill said.

For students to get a complete understanding of what it’s like to work in the medical field, health professionals from the community are invited to come speak, including Rodney Profit, a training captain with Boeing Security and Fire.

Learning about these jobs isn't the only takeaway for the students; they leave the course certified in basic life support.

Learning how to save lives one class at a time is the goal of a course at Hanahan Middle School. (WCIV)

"We do everything from adult child infant, CPR, choking first aid, and AED usages to get these students certified in basic life support," Profit said. "Students are given a chance to kind of look and explore what's out there for them and letting them know that there are no hurdles. If there are any hurdles, they can transverse those hurdles, but no one can tell them they can't do what they want to do.”

This encouragement has left students with the world at their fingertips.

"This has opened a lot more like pathways," student Lianny Martinez said.

Student, Savannah Wika said, "I would say it really like helped me realize what I really want to do for like a job. It really opened up what's happening when you go to the hospital."

Read more: BCSD approves $1.5K and $500 bonuses for fourth incentive of the year

The course also includes off-campus field trips. The class recently visited Charleston Southern University (CSU), where students got a tour of the campus.

For Hill, she believes each and every one of the students are more than capable of accomplishing their dreams.

"I just hope they understand how valuable they are and what a future they have," she said. "They have their whole lives in front of them and I'm just really excited to see what they do with that."

Hill says she could not be prouder of her students and teaching them has been a rewarding experience.

Lowcountry Music Hall of Fame inducts members this Sunday

Musicians and business owners across the Charleston area will be celebrated for their achievements at the annual Lowcountry Music Hall of Fame.The idea to create a local celebration for the area’s musicians came from Michael Davis in 2015. Davis owns the 25-plus-year-old Ye Olde Music Shop in Hanahan. The store is advertised as the largest Gibson, Fender, Martin, Taylor a...

Musicians and business owners across the Charleston area will be celebrated for their achievements at the annual Lowcountry Music Hall of Fame.

The idea to create a local celebration for the area’s musicians came from Michael Davis in 2015. Davis owns the 25-plus-year-old Ye Olde Music Shop in Hanahan. The store is advertised as the largest Gibson, Fender, Martin, Taylor and Paul Reed Smith dealer in South Carolina. Davis was inspired by his business and customers to create a new Lowcountry tradition that went beyond his beloved shop.

The Hall of Fame has inducted several well-known Charleston artists, as well as some “unsung heroes” who can benefit from the recognition. The inaugural ceremony in 2015 inducted local music stores, politicians and music schools, with the tradition continuing into 2023.

The Lowcountry Hall of Fame will introduce 15 artists, business owners and radio personalities into the 2023 catalogue.

Attendees can enjoy food trucks, music mastery and good times with local music lovers at the induction ceremony for the 2023 Lowcountry Music Hall of Fame at 1 p.m. Oct. 22 at the Hanahan Amphitheater, 3100 Amphitheater Ave.

Get a weekly list of tips on pop-ups, last minute tickets and little-known experiences hand-selected by our newsroom in your inbox each Thursday.

It’s the last “My Charleston Weekend” of January already. Luckily, the further we get into 2024, the more and more the Lowcountry has to offer by way of events and festivals.

While, unfortunately, you can’t be everywhere at once, it’s an action-packed Saturday here in Charleston. Celebrate Commonhouse Aleworks’ sixth anniversary. Imbibe at the Charleston Winter Wine Festival or the Onesie Bar Crawl. Or whet your appetite at the 13th annual Bo’s Oyster Roast & Chili Cook Off.

Commonhouse Aleworks Sixth Anniversary

Commonhouse Aleworks, 4831 O’Hear Ave., celebrates its sixth anniversary with a blowout block party and oyster roast noon-10 p.m. on Jan. 27. Enjoy the party, complete with a vendor market, a whole-hog barbecue from Swig & Swine, kettle corn, face painting and plenty of competitions, including a pinup contest, beard and mustache contest and a beer-tasting challenge. Plus, there’ll be a bevy of live music shows with well-known players such as Southern Flavor Bluegrass, the Hot Club of Charleston, Jared Petteys & The Headliners, Tommy and The Chucktown Players and Dallas Baker and Friends. If you’re curious about the beer-brewing process, check out the brewery tour as well. Attendance is free. For more info, visit bit.ly/48KWbpu.

Charleston Winter Wine Festival

Head down to the fifth annual Charleston Winter Wine Festival for one of two sessions, noon-4 p.m. or 6-10 p.m., on Jan. 27 at Festival Hall, 56 Beaufain St. Enjoy tastings of more than 50 different wines, mimosas and beers while jamming out to live music from Mike Huhn and DJ Brent Folks. All beverage tastings are included in the ticket price, while food is available for separate purchase. Tickets are $55 in advance or, if available, $65 at the event. Guests will receive a souvenir acrylic wine glass with the purchase of a ticket. To grab your tickets and learn more, visit bit.ly/41gIBHE.

13th annual Bo’s Oyster Roast & Chili Cook Off

Oysters and chili join together to fight cancer from noon to 5 p.m. Jan. 27 at James Island County Park, 871 Riverland Drive. For the 13th year in a row, the James Island Vikings will throw a cook-off to benefit Islands Against Cancer and Sara’s Cure, two local nonprofit organizations dedicated to assisting those impacted by cancer. All ages are invited to get their fill. General admission tickets are $25 and provide access to the chili cook-off and entertainment. VIP tickets, $60, include all-you-can-eat oysters. For more information and tickets, visit bosroast.com.

Onesie Bar Crawl

The fan-favorite pajama party bar crawl is back from 3 to 11 p.m. on Jan. 27 starting at Uptown Social, 587 King St. Don your favorite onesie and brave the colder weather with your peers on King Street. Included in your ticket is a free crawl koozie, discounted drink specials, cover-free priority entry to top King Street bars and, for the first 300 to finish the crawl, custom celebratory T-shirts. Plus, enjoy an afterparty at Aura Latin Club, 28 Ann St., from 8 to 11 p.m. Anyone 21 and older is invited to participate, including designated drivers who are choosing not to drink! Tickets are $29 in advance or $34 the day of the event, available at bit.ly/47Kutbd.

Get a weekly list of tips on pop-ups, last minute tickets and little-known experiences hand-selected by our newsroom in your inbox each Thursday.

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