Probate Lawyer in Hardeeville, 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 Hardeeville, 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 Hardeeville, 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 Hardeeville, SC
Probate Lawyer Hardeeville, 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 Hardeeville, 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 Hardeeville, 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 Hardeeville, 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 Hardeeville, SC

Developer buys 2,600-acre Hardeeville property for millions. What are the plans?

Real estate experts often advise that buying property requires time and patience. The sale of this 2,600-acre Hardeeville property required over two decades of it. But not anymore.Hoyer Investment Company Land purchased the Morgan Tract along U.S. Route 278 for $36 million after local and national developers attempted to purchase it unsuccessfully for more than 25 years, according to a press release Monday. It was purchased directly from the Morgan family, who have...

Real estate experts often advise that buying property requires time and patience. The sale of this 2,600-acre Hardeeville property required over two decades of it. But not anymore.

Hoyer Investment Company Land purchased the Morgan Tract along U.S. Route 278 for $36 million after local and national developers attempted to purchase it unsuccessfully for more than 25 years, according to a press release Monday. It was purchased directly from the Morgan family, who have had the tract for over 100 years.

The land neighbors Latitude Margaritaville and is between U.S. Route 278 and Interstate 95. HIC Land plans to build homes, commercial spaces, amenities, parks, nature trails and sidewalks, according to the press release. It expects to break ground in 2024 and complete the project in 2044.

The tract’s development follows recent growth and development in Hardeeville, showing that homeowners aren’t just purchasing near the beach as developments pop up and pending sales stay high in areas farther from Hilton Head and the coast, like Okatie and Hardeeville. Housing and traffic impacts are unclear as the city and last owner created the most recent Planned Development District and Master Plan for the tract in 2006.

Those plans allow for 6,700 residential units and 969 acres of commercial and industrial use. In comparison, Latitude Margaritaville is able to develop up to 3,888 units. At that time, the city and developer also did environmental and cultural impact studies. The new owner is legally bound to the plan according to Hardeeville City Manager Michael Czymbor, but is in the process of proposing plan amendments to the city.

“Things have changed (since 2006),” he said. “The economy has changed, the development environment has changed.”

The city’s population increased 248% from 2,952 in 2020 to 10,283 in 2022, according to the U.S. Census Bureau. Developments such as West Argent and Lattitude Margaritaville continue to add homes to the area. In 2022, Hardeeville had a record year for building and planning permits with 1,800 permits, according to their website.

Czymbor said the proposed amendments span from zoning, which shows where each of the uses is going to go, to the development agreement, which decides whether the city or the owner is responsible for public improvements and infrastructure. Czymbor predicts they’ll be submitted to the planning commission and then City Council for approval during the first quarter of next year.

He said traffic improvements will be an especially important piece of the amendments. The 2006 agreement contains millions of dollars in road improvements the developer would be responsible for.

“Two or three of the major tracks surrounding them are in various phases of development, which is going to necessitate significant improvements to the roads,” he said. “They’re going to have some obligations paying for traffic improvements as well.”

Czymbor declined to say what the actual proposed amendments were. He said there will be new environmental and cultural studies as part of the amendments.

HIC Land is a Charleston-based real estate investment company and land developer that focuses on land throughout the Southeastern U.S. This will be its first project in Jasper County, though many of its current projects are in South Carolina including Myrtle Beach and Berkeley County. It is are partnering with Texas-based builder D.R. Horton to develop the land.

HIC Land representatives weren’t immediately available for comment.

This story was originally published December 13, 2023, 11:47 AM.

'Housing is a tremendous need': Hardeeville mayor excited for newly sold 2,600-acre development

HARDEEVILLE, S.C. —WJCL is investigating the impacts of business and industry in and around Savannah, from jobs to traffic and everything in-between. What stories would you like to see covered as part of our 'Boomtown' series? Email us at Boomtown@WJCL.com.Download the WJCL App for breaking news alerts: ...

HARDEEVILLE, S.C. —

WJCL is investigating the impacts of business and industry in and around Savannah, from jobs to traffic and everything in-between. What stories would you like to see covered as part of our 'Boomtown' series? Email us at Boomtown@WJCL.com.

Download the WJCL App for breaking news alerts: Apple | Google Play

A "live, work, play" project is headed to Hardeeville, as developers are taking the land next to Margaritaville and turning it into homes and commerce.

Mayor Harry Williams couldn’t be happier that the large "Morgan Tract" of undeveloped land had been purchased.

“We always expected that something would happen there eventually, and I couldn't be more excited with the group that actually ended up buying the property,” said Mayor Williams.

$36 million was the price tag on the land next to Margaritaville, but unlike its neighbor, it won’t be just for retirees.

“Most of our other developments are going towards retirees. These will be more for moderate-income families, which we need tremendously because workforce housing is a tremendous need in this part of the whole low country,” said Mayor Williams.

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It will be developed by Hoyer Investment Company, or HIC Land.

"This plot of land is ideally located as the last remaining large developable tract in the area, with easy access to many nearby amenities. ... There is significant demand for more housing,” said CEO Stefan Hoyer, of HIC Land.

Working alongside D.R. Horton, they are slating it to become multi-use with homes, parks, trails, and commercial spaces.

It’s a 20-year plan, but Mayor Williams thinks as people come, so will commerce.

“Now that so many rooftops are coming up, we should start seeing an influx of commercial development along the 278 corridor,” said Mayor Williams.

We've reached out to HIC Land to clarify just how many homes are planned, as the specific number hasn't been stated yet.

Hardeeville career fair starts this afternoon with dozens of employers

HARDEEVILLE, S.C. —More than 50 employers from both South Carolina and Georgia will be at the Hardeeville Recreation Center from 1 to 5 p.m. for the inaugural South Carolina and Georgia Coastal Career Fair.The center is located on 285 John Smith Rd. and is sponsored by a coalition of different organizations, including the city of Hardeeville, the American Job Center, SC Works Lowcountry and more.The dozens of employers at the event represent an array of different industries from government agencies...

HARDEEVILLE, S.C. —

More than 50 employers from both South Carolina and Georgia will be at the Hardeeville Recreation Center from 1 to 5 p.m. for the inaugural South Carolina and Georgia Coastal Career Fair.

The center is located on 285 John Smith Rd. and is sponsored by a coalition of different organizations, including the city of Hardeeville, the American Job Center, SC Works Lowcountry and more.

The dozens of employers at the event represent an array of different industries from government agencies to resort employees. The job fair aims to provide a platform for networking and access to job opportunities.

Those who are planning to attend should plan to dress professionally, and bring multiple copies of their resume to network with the employers.

Here's the full list of employers in attendance today:

• Beaufort County Government • Beaufort Jasper Water • Brasseler/Henry Schein• Builders First Choice• Chatham County Government• City of Savannah• Colonial Oil• Delta Materials• Disney Resort • Enmarket Arena• Envirovac• FCI Estill• Georgia Port Authority• Georgia Transformer• Hardeeville City Government • Hyundai Glovis EV Logistics• Hyundai Mobis Co, LTD• International Paper• Ironline Metals• JCB North America • KBRS • Keller Williams • Marine Corps Community Services • Mobis Alabama, LLC Savannah Plant -Hyundai Supplier • Montage Palmetto Bluff • Nestle Health Science• Orafol• Pacific Cycle• Palmetto Breeze• PHA - Hyundai Supplier • Port City Logistics• S.C. Dept. of Corrections • Savannah Technical College• Schneider• Seoyon E-HWA - Hyundai Supplier • Sewon - Hyundai Supplier • Shaw Industries• Technical College of the Low Country• TICO • Worksource Coastal Georgia

The South Carolina and Georgia Coastal Career Fair is at the Hardeeville Recreation Center starting at 1 p.m. today. For more information, visit this website.

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Mayor's Memo: Looking back at '23, looking ahead to 2024 in Hardeeville

Welcome to 2024! The start of a new year is a time to reflect on the previous 12 months and to eagerly anticipate the year ahead. I’ll try to do a little of both.In 2023, we greeted two new City Council members, Valerie Guzman and Steve Meersman. Their first year was filled with new Master Plans for the Council to approve. And none was easy.Because of the sheer number of developments that were approved in '23, I’ll just summarize. Most required workshops for the Council to listen and ask questions. No...

Welcome to 2024! The start of a new year is a time to reflect on the previous 12 months and to eagerly anticipate the year ahead. I’ll try to do a little of both.

In 2023, we greeted two new City Council members, Valerie Guzman and Steve Meersman. Their first year was filled with new Master Plans for the Council to approve. And none was easy.

Because of the sheer number of developments that were approved in '23, I’ll just summarize. Most required workshops for the Council to listen and ask questions. No votes are taken at these workshops, giving each Council member additional time to consider all points before votes are cast. This extra step helps the Council to get it right.

January started with the Residences at Okatie Crossing. This 3- and 4-story apartment building will have 518 units and back up to Sun City. It will require a new road that will loop from S.C. Highway 170 to Palmer Grace Road. Another apartment complex, named North Okatie Apartments, was approved. It will feature 300 units fronting S.C. 170 adjacent to Riverwalk.

The East Argent Planned Development District continues to build out. In 2023, several Master Plans were approved by Council. Jubilee Charter School purchased 159 acres, and has already started a preschool class. The YMCA submitted its plans, and its capital fundraising plans continue. Hoyer Investment Group purchased 574 acres and will partner with DR Horton to build 1,500 homes adjacent to the charter school.

Two additional projects have passed the Planning Commission and will come to Council for approval in January. The Farmhouse is 300 apartments adjacent to Riverton Point, and The Park at East Argent is 240 single-family homes, also adjacent to the charter school. With these projects under way, the East Argent District will have 6,700 units planned. Total density allowed in this 7,500-acre district is 9,500 units.

The West Argent Planned Development District also was active. This district extends beyond Hilton Head Lakes off U.S. Route 278. Lennar’s “Pod 1” consists of 389 acres and 450 single-family homes. The “Preserve” will have 350 homes, and “Horizons” will add another 350 units. Total approved in 2023 for West Argent is 1,150 single-family homes.

Across the highway, Minto submitted plans to purchase the 2,200-acre “Karrh Tract” and extend Margaritaville by another 2,600 homes. At the current rate of sale, Margaritaville will have 6,000 homes by 2032. Council passed the final vote on this project this month on Jan. 4.

Totally in 2023, Master Plans for 6,000 homes were approved by Council. Given the lengthy process of approvals by the city and state, construction on most will not begin before 2025 and, if current market conditions continue, it will likely take at least 10 years for them to be completed.

Of course, the first concern for all of us is how to prepare our roads to handle this growth. I’ve written about the future plans recently, and I will be coming back to this subject later this year.

Now let’s look at the crystal ball for 2024. Expect developments to continue to be planned for the remaining acreage in East Argent, West Argent and the recently purchased Morgan Tract. It would be a good guess that another 6,000 homes will be master-planned this year. At the current rate of 1,200 single-family home permits each year, another 7,200 homes could be built this decade. If so, Hardeeville would reach 30,000 residents in 2030.

This population surge will spur the growth of commerce. Expect 2024 announcements of commercial development near Exit 8, along U.S. 278 and Argent Boulevard. More residents also means more medical calls. The city is proud to announce the addition of a new ambulance that began service on Nov. 29. This ambulance will add to the current County Rescue Service and will be centrally located in Station 83 at Hilton Head Lakes.

In 2024, an election year, Hardeeville will have two Council seats and the Mayor’s seat on the ballot. On Jan. 4, I announced that I will not seek reelection to a third term. Hardeeville needs new leadership, and I announced early because I wanted to give potential candidates ample time to consider, research the city’s needs, and formulate their visions for the future.

I hope we will have multiple candidates and debates arranged so all voters can choose wisely and take part in shaping the future of our city. The mayor’s role is not easy, and it is not a part-time job. You will lose sleep at times. You will need thick skin and a stiff spine.

But, for me, serving the people of Hardeeville has been the most rewarding job I’ve ever had.

Happy New Year.

Harry Williams is the mayor of Hardeeville.

Hardeeville council approves master plan for future YMCA, city's first

Hardeeville council approves master plan for future YMCABluffton TodayHardeeville City Council recently approved plans for even more recreational opportunities for those all around the area and Lowcountry.At its May 18 meeting, council approved final reading of the Master Plan for the James Fisher Memorial Foundation YMCA, which will be Hardeeville's first "Y". Initial plans were for the project to break ground in 2022; officials said construction delays have moved the tentative opening date to...

Hardeeville council approves master plan for future YMCA

Bluffton Today

Hardeeville City Council recently approved plans for even more recreational opportunities for those all around the area and Lowcountry.

At its May 18 meeting, council approved final reading of the Master Plan for the James Fisher Memorial Foundation YMCA, which will be Hardeeville's first "Y". Initial plans were for the project to break ground in 2022; officials said construction delays have moved the tentative opening date to early in 2025.

The new state-of-the-art facility, in its first phase, will be a 35,000-square-foot building near SC-170 at East Argent and will feature a child-care center, an aquatic complex, sports fields, a fitness center and an indoor, six-lane pool. The new facility will be located across from Oldfield, a gated community in Okatie.

There are 19.9 total acres for the facility, and its second phase, officials previously said, will include an additional 18,000 square feet for multi-purpose fields for outdoor sports. City officials said there would also be a large amount of open and active space, with trails and walkways throughout the project. The closest YMCA in reference to Hardeeville is located in Port Royal, more than 30 miles from the city.

"When we started this, we did a study and that helped determine the needs in the community and what the community wants," Michael Bostwick, CEO of Beaufort-Jasper YMCA of the Lowcountry said during council's May 4 meeting.

Bostwick told council one of the big things that the community was asking for was a pool, followed by child care and fitness programs.

"This is why those are the initial things we are focusing on," he said.

Jack Fisher, CEO and founder of Preserve Communities, spearheaded the project, donating 20 acres at East Argent, a 7,350-acre master-planned community, according to a news release.

Fisher founded the James Fisher Memorial Foundation to honor his son's passion and further his company's commitment to community.

Bostwick informed council a $1.5 million USDA grant from U.S. Congressman James Clyburn's office would help the project get underway, as the funding had already been approved.

A May 18 news release from Clyburn stated the United States Department of Agriculture (USDA) Rural Development program was awarding $12.7 million in Community Facilities Direct Loans to Jasper County projects.

"Part of the funding will be utilized to construct the Beaufort-Jasper YMCA of the Lowcountry, a new YMCA facility in Hardeeville," the release said.

The press release said "this funding builds upon the $1.5 million Community Project Funding (CPF) Congressman Clyburn secured for the Beaufort-Jasper YMCA of the Lowcountry through the Fiscal Year 2023 House Appropriations Package.''

The Hardeeville Recreation Center has been working in conjunction with the YMCA and already has some YMCA programs at the center, Hardeeville Parks, Recreation and Tourism Director Jennifer Combs said during the May 4 council meeting. Hardeeville Mayor Harry Williams also mentioned the city did not include plans for a pool in its rec center plans because leaders were aware of the future plans for the YMCA and that the two work together on other various programs.

"That’s the great thing about the location of this facility," Bostwick previously said. "We will be able to serve Bluffton, Hardeeville, Ridgeland, Okatie and the (entirety) of Jasper County from the James Fisher Memorial Foundation YMCA. We plan to assist people from all walks of life, all ages and backgrounds in the surrounding community through programs that build healthy spirit, mind, and body for all."

Ralph Fuller, Beaufort-Jasper YMCA’s Board chairman, said in a news release the board of directors is looking forward to construction and completion of its newest branch.

“We believe the programs and services to be provided by the YMCA will positively impact the health and well-being of the youth, adults and senior population in the Hardeeville community,” Fuller said.

Mayor Williams said during council's May 18 meeting he could not wait for the ribbon cutting for the new YMCA.

"It will be a great benefit to our community," he said. "We are real excited. It's a wonderful addition to the city of Hardeeville."

While the Beaufort-Jasper YMCA of the Lowcountry has received a variety of grants to help fund the project, it is continuing to seek donations from community members, a YMCA news release said. Those who would like to contribute can contact Mike Bostwick, Beaufort-Jasper YMCA CEO, at m.bostwick@beaufort-jasperymca.org.

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