Probate Lawyer in Inman, 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 Inman, 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 Inman, 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 Inman, SC
Probate Lawyer Inman, 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 Inman, 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 Inman, 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 Inman, 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 Inman, SC

Inman takes steps to reinvigorate its downtown

The city of Inman has partnered with Main Street South Carolina in a program that city leaders hope will revitalize its downtown and prompt economic growth.Main Street South Carolina has ...

The city of Inman has partnered with Main Street South Carolina in a program that city leaders hope will revitalize its downtown and prompt economic growth.

Main Street South Carolina has for 40 years served as a technical assistance program intended to empower communities as they revitalize their traditional business districts, encouraging economic development and historic preservation.

Inman Planning Director April Williams said the city benefits from tools and resources such as design and marketing assistance provided through the program, which offered under the auspices of the Municipal Association of South Carolina.

“It’s a holistic approach to help us look at the program as a whole and not just hyper focused on one thing,” she said. “For example, we have events throughout the year, but we just can’t focus on these and bringing people here for only a few times a year. We need more daily and weekly engagement, and the leadership team will help us grow these aspects of our community.”

“They have done great work in many S.C. cities and there is a strong push to let everyone know who they are and that they’ve been here for a while,” said Williams.

Williams said the city initiated interest in the program after she started in her current position in January 2022.

“This is something the city leadership has been wanting to do for a while, but the administrator didn’t have the bandwidth,” she added. “This was one of the things I was tasked with when I joined the city, and now it is great timing to tie into this program that will heavily benefit our community.”

The Main Street resource team will assist with making sure Inman is more recognizable as a community and community development partner, said Williams.

The city is in the data collection process, surveying the communities in Inman for feedback on what residents would like to see in their city. The Main Street resource team will be meeting with stakeholders and holding town hall meetings, in addition to collecting data from city residents at the end of February through early March. They will then compile a presentation on the next steps in the program process and what they need to be successful, said Williams.

​“This program will be more of an affirmation that we were already going in the right direction as a city with all the growth and work leadership has done,” said Williams. “It’ll be nice to hear we are doing the right things but also what else we can do to improve by taking the necessary steps to get there. This type of program also really highlights the importance of networking and connections.”

Inman eyes growth as Saluda Grade Trail project nears reality

With $27 million in funding approved by North and South Carolina legislatures in the past 18 months, the proposed Saluda Grade Trail is looking inevitable.Perhaps no community is counting on its promise more than the town that sits on the trail’s southern starting point.For the people of Inman, a proud community nestled on the doorstep of the Blue Ridge Mountains in northwestern Spartanburg County, years of effort to bring new life to the community’s downtown are finally paying divi...

With $27 million in funding approved by North and South Carolina legislatures in the past 18 months, the proposed Saluda Grade Trail is looking inevitable.

Perhaps no community is counting on its promise more than the town that sits on the trail’s southern starting point.

For the people of Inman, a proud community nestled on the doorstep of the Blue Ridge Mountains in northwestern Spartanburg County, years of effort to bring new life to the community’s downtown are finally paying dividends.

But what makes local municipal and business leaders almost giddy with excitement is how the proposed trail is likely to amplify and accelerate Inman’s economic prosperity.

Laying the groundwork

The proposed trail would cover roughly 31 miles running north from Inman, through Campobello and Landrum in South Carolina, then through Tryon and Saluda in North Carolina before ending in Zirconia, North Carolina. The path will follow the historic but inactive Saluda Grade rail line, which is being purchased from Norfolk Southern.

The effort is coordinated by Upstate Forever and PAL — Play. Advocate. Live Well. — in South Carolina and Conserving Carolina in North Carolina.

The promise of a new rail trail connected to the heart of Inman’s downtown seems to be an affirmation of the years of hard work by town residents and leaders to revive what was for decades known as the “fresh peach capital of the world,” according to Mayor Cornelius Huff.

Known to lifelong residents and newcomers alike as “Cornchip,” Huff has spent decades in public service to the people of his hometown, first as a volunteer for the local fire service — where he earned his nickname — and later as an EMT. For the last 20-plus he has served the city’s government, first as a member of City Council. He became mayor in 2014.

“You’re planting seeds all along the way … and now the seeds are coming up and we’re seeing the plants and the flowers and now they’re starting to bloom. It’s harvest time for Inman.” — Inman Mayor Cornelius Huff

From the beginning of his time in city government, Huff said he was always motivated by the vision “to see Inman come alive again.”

Over the years, there have been many efforts to make that vision a reality, but there was one overriding obstacle in the way: the city’s former strong-mayor government. It effectively allowed the mayor to override the City Council and hamper the type of collective action community revitalization depends on. Huff saw this firsthand as a council member and ran for mayor in 2014 on the platform to change Inman’s structure to a council-administrator model.

“I was able to be a part of that transition — the good, the bad and the ugly,” he said. “It takes a team to make things grow and to win the game.”

Allowing the mayor and council to have an equal voice in charting the city’s future combined with bringing a professional administrator in to run the city’s day-to-day operations helped Inman get ready for the growth the Saluda Grade Trail will almost certainly bring, Huff said.

Being clear-eyed and proactive in meeting that growth is one of the main jobs of Joe Lanahan, the city administrator, who came to the role in 2020 after stints as recreation director for the city of Mauldin and, prior to that, as a program manager for Greenville County’s Parks, Recreation & Tourism Department.

Lanahan said he saw how the Prisma Health Swamp Rabbit Trail went from the modest idea of a 12-mile trail connecting Travelers Rest and downtown Greenville to an expanding trail network that has revitalized nearly every community it touches.

With 3 miles of the proposed Saluda Grade Trail traversing virtually the entirety of Inman’s downtown, the impact to the city is expected to be transformative.

“It’s very, very exciting,” Lanahan said.

Momentum building

The momentum of Inman’s efforts to reignite interest in its downtown has become palpable in recent months.

Beyond a streetscape project that beautified and updated Main Street, new businesses have come downtown and brought an increasing number of visitors.

Huff and Lanahan credit these entrepreneurs for staking their financial livelihoods on the vision that Inman is entering a new phase of growth and prosperity.

Among those businesses bringing new life — and foot traffic — to Inman is The Crepe Factory, which opened in downtown Spartanburg in 2016 but moved to its 12 S. Main St. location in Inman in 2021.

Lanahan said the restaurant not only brought its loyal customer base to Inman, but serves as a magnet for new visitors. Likening such businesses to the major department stores that served as anchors to underpin the commercial appeal of suburban malls, Lanahan said they help signal Inman is a great place to be.

That idea was among the motivations that prompted Jim and Carin Holliday to build their new Holliday Brewing manufacturing and distribution facility in downtown Inman. The custom-built 9,000-square-foot brewery and taproom is located at 12 Prospect St., a block north of Main Street.

It joins the company’s Drayton Mills Marketplace location in Spartanburg and will feature food offerings in partnership with Spartanburg’s Burgers & Bakery.

Jim Holliday said Inman offered the right opportunity at the right time for his company’s expansion. The planned trail promises to make that future even brighter.

Saluda Grade Trail fast facts

Did you know?

Inman is home to Inman Mills, founded by James Chapman in 1901 and one of only a handful of historic textile firms still in operation. The contributions of the Chapman family are commemorated in Inman’s Chapman High School and Spartanburg’s Chapman Cultural Center. Among the family’s notable members is celebrated singer, songwriter, author and actress Marshall Chapman.

Even The Grinch Would Marvel At The Christmas Light Display At The Christmas House In South Carolina

Christmas in South Carolina brings with it a wealth of ways to celebrate the season and perhaps one of our favorites is the practice of lighting up your own home, either inside or out, with twinkling displays. Most families make a tradition out of visiting neighboring homes and communities to view these displays each year. And while we’ve featured public, fee-related Christmas light displays in South Carolina t...

Christmas in South Carolina brings with it a wealth of ways to celebrate the season and perhaps one of our favorites is the practice of lighting up your own home, either inside or out, with twinkling displays. Most families make a tradition out of visiting neighboring homes and communities to view these displays each year. And while we’ve featured public, fee-related Christmas light displays in South Carolina that you can enjoy this season, there are countless communities and single homes that really deck the halls, too. There’s one, in particular, that’s referred to as The Christmas House in Inman, South Carolina, and we think it has some of the absolute best Christmas lights in the state. Be prepared to be delighted at this house of Christmas!

Here Are The 10 Most Enchanting, Magical Christmas Towns In South Carolina

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The Outdoor Nighttime German Christmas Market In This Tiny South Carolina Town Is A Charming Way To Ring In The Season

Did we mention it’s absolutely free? Of course, donations are always appreciated (there’s a donation box in plain view). Don’t you agree that the Christmas House in Inman, South Carolina has some of the best Christmas lights in the state? We love this showing of holiday spirit! For more information, see the official Facebook page for The Christmas House in Inman. If you can’t get enough of the Christmas joy, we recommend taking a day trip to one (or more) of these charming Christmas towns in South Carolina.

More to Explore

Sarah | November 15, 2021

What are some other places to go to see Christmas lights in South Carolina?

Each year, millions upon millions of Christmas lights go up around the Palmetto State. We’ve rounded up some of the biggest, best, and brightest Christmas lights in South Carolina so you can put them on your bucket list. From drive-thru displays to epic holiday, festivals at some of the state's biggest attractions, the Palmetto State comes alight in bright, twinkling, festive lights all holiday season long.

What's the best Christmas event in South Carolina?

While we love them all, there's something truly magical that happens at Brookgreen Gardens in the winter. Each year, South Carolina’s number one outdoor attraction, Brookgreen Gardens, delivers the best winter hike in South Carolina and it takes place at night under the glow of flickering candles and twinkling lights. For a handful of magical nights this holiday season, Brookgreen Gardens is open at night for a spectacular lights display, making it all the more special. Wander freely through the many sculpture gardens and gaze in awe as the lights shine perfectly to illuminate many of the sculptures and fountains. Each afternoon, more than 2,700 candles are hand lit throughout the garden; some are even floating in the many reflecting pools. It's such a magical display and a wonderful setting for the best winter hike in South Carolina!

Are there any unique holiday events in South Carolina?

In addition to the above Christmas lights displays in South Carolina, these drive-thru displays are wholly unique to the Palmetto State. What we love the most is that you don't even need to get out of your warm, cozy car to enjoy them! Our favorite is James Island County Park, which is the largest in the state and features more than two million lights and three miles of displays to drive through. After, visitors can park and enter the enchanted light trail for even more Christmas light displays, visit with Santa, shop for sweets and more, roast marshmallows, hop aboard the festival train, and take a spin on the holiday carousel.

South Carolina woman captures video of what looks like cougar; experts weigh-in

INMAN, S.C. —A South Carolina woman who set up her phone camera at sunset over the weekend captured more than she expected."I was just trying to get the sunset on video, actually," Brianna Oliver said of the images she took from a field off Asheville Highway in Inman.Brianna OliverWhen Oliver went over the time-lapsed video she took on Saturday, she discovered an animal running across the screen."I saw what was there, and I was like, 'What is that?' I asked my boyfriend...

INMAN, S.C. —

A South Carolina woman who set up her phone camera at sunset over the weekend captured more than she expected.

"I was just trying to get the sunset on video, actually," Brianna Oliver said of the images she took from a field off Asheville Highway in Inman.

Brianna Oliver

When Oliver went over the time-lapsed video she took on Saturday, she discovered an animal running across the screen.

"I saw what was there, and I was like, 'What is that?' I asked my boyfriend," Oliver said.

"I’m pretty sure that’s bigger than a cat," she told him.

Oliver posted video and pictures to a neighborhood Facebook page, and the comments confirmed what she suspected: that it was a cougar or mountain lion.

"I think it’s a mountain lion, personally," she said. "It’s not the first one I’ve seen out there, but people don’t believe you because they say it’s not native here."

We showed the video to Greg Yarrow, a wildlife biologist and professor of wildlife ecology at Clemson University.

He said his first reaction was that it might be an animal that escaped Hollywild, the wild animal preserve on Hampton Road in nearby Wellford.

Brianna Oliver

"These occasional sightings are usually either misidentified, or they’re animals that may have escaped or sometimes people will get kittens and raise them as pets," Yarrow said.

WYFF News 4 contacted Hollywild, and officials said all their animals were present and accounted for.

Still, Yarrow said wildlife experts are in agreement that the Eastern cougar, or mountain lion, is not found breeding or free-roaming in this area.

"Certainly, it’s interesting in terms of being able to see that (animal) roaming across the field there, but that’s pretty much where were are right now," Yarrow said. "There’s really not been any documented — at least in South Carolina — cases of cougars free-roaming."

He said the closest breeding populations of cougars are in South Florida, in the Everglades, and in the Big Cypress Swamp area.

More news (video will continue after links.)

Another interesting element to the video comes about 15 minutes or so, in real-time, after the animal runs through the area. Another animal that looks like a deer is seen to the far left, running around off-screen.

Yarrow said that although wild cats can travel a long range, the possibility that this could be one that is migrating through the area is pretty rare.

As for Oliver, she said she's just glad she wasn't out there when the cat was there. She also said she's getting support from her neighbors about the post.

"It’s just crazy how many reactions it got and how many people believe, like I do, that they’re around," she said.

Jay Butfiloski, with the South Carolina Department of Natural Resources, said this after looking at the video:

"There is nothing in this video that would make me think this was a big cat. There is no substantial tail, and the body appears smaller. A mountain lion should have a thick long, and black-tipped tail," he said.

Yarrow said several years ago there was a report of a cougar on Clemson’s campus.

He said one of the schools naturalists was actually able to catch up to it and discovered it was an exotic breed of dog that looked very similar to that type of body of a cougar.

"Yeah, that was almost convincing," Yarrow said. "You look at the photographs and you just can't tell."

TruAmerica Plans $86 Million Build-for-Rent Development in South Carolina

Horizontal construction at the site in the city of Inman, SC is slated to begin in Summer 2024, and vertical construction is anticipated to commence on the project in December 2024. Delivery of the first units is scheduled in Summer 2025.TruAmerica Multifamily, a national, institutionally-focused multifamily investment firm, acquired a 33-acre site in the Spartanburg, South Carolina market and announced plans to develop Hartley View, an $86-million Build-for-Ren...

Horizontal construction at the site in the city of Inman, SC is slated to begin in Summer 2024, and vertical construction is anticipated to commence on the project in December 2024. Delivery of the first units is scheduled in Summer 2025.

TruAmerica Multifamily, a national, institutionally-focused multifamily investment firm, acquired a 33-acre site in the Spartanburg, South Carolina market and announced plans to develop Hartley View, an $86-million Build-for-Rent (BFR) community.

The land acquisition sets the stage for TruAmerica’s first BFR development, which will encompass 281 units and includes a mix of 214 front-loaded townhomes, as well as 67 detached, front-loaded single-family residences.

The property is situated on a site 15 minutes north of downtown Spartanburg, near BMW’s manufacturing facility with more than 10,000 full-time employees. The market is home to a host of companies that support BMW’s operations. The location within the Greenville-Spartanburg area ideally sits at a mid-point in a key Mid-Atlantic goods movement corridor between Atlanta, GA and Charlotte, NC, along Interstate 85 that is also connected by critical rail transportation lines. The vibrant market includes a dynamic mix of jobs, retail services and attractions within a path of growth.

Purpose built BFR communities typically offer a larger array of amenities that appeal to the lifestyles and interests of a wide range of renters today, especially since they live like a single-family residence. They also help meet housing demand in markets facing an undersupply.

“Hartley View is our inaugural Build-for-Rent development, and the community represents the culmination of a strategic endeavor that commenced last year with the launch of a BFR platform as part of TruAmerica’s overall portfolio of workforce housing communities across the U.S,” said Mitch Rotta, Senior Managing Director, and Head of Build-for-Rent at TruAmerica. “Our BFR strategy is anchored on building communities in hyper-growth markets, near strong and expanding employment bases. Our BFR projects are designed to appeal to both renters by choice, as well as by necessity, who are seeking a single-family residential living style, along with the amenities found in today’s popular apartment communities.”

“We are fortunate to be in a strong position as we move forward on Hartley View, since we’ve already completed our acquisition due diligence and secured land financing,” said Rotta. “Those factors contribute to our confidence that we are aligned with investor interests around pursuing deals in a challenging market with higher thresholds, while appealing to land and homebuilder networks seeking third-party BFR partners in California and the SMILE states.”

Brad Morris of New Deco, Inc. represented the seller, Converse Development. The buyer was not represented in the transaction.

“Pursuing BFR community developments like Hartley View is a natural extension of TruAmerica’s workforce housing platform because it complements the same demographics that make up our Class B multifamily strategy,” said Robert E. Hart, founder, CEO, and President of Los Angeles-based TruAmerica. “Our BFR communities provide yet another housing option for working-class Americans who can’t afford to own a home or would just prefer to rent.”

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