Probate Lawyer in Johns Island, 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 Johns Island, 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 Johns Island, 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 Johns Island, SC
Probate Lawyer Johns Island, 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 Johns Island, 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 Johns Island, 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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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 Johns Island, 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 Johns Island, SC

Island delights: Johns Island’s culinary scene expands

Johns Island conjures up visions of shady grand oak trees dripping with Spanish moss, offering a peek into a more rural side of Charleston. Several dining options have long existed for the residents of the island, but as its population grows, so grows the burgeoning food and beverage scene.Since 2005, Hege’s Restaurant in Freshfields Village has served French cuisine in a bistro setting with classics like French onion soup, crab cakes and steak frites. Down on Maybank Highway, local favorite Wild Olive has led the way in sustain...

Johns Island conjures up visions of shady grand oak trees dripping with Spanish moss, offering a peek into a more rural side of Charleston. Several dining options have long existed for the residents of the island, but as its population grows, so grows the burgeoning food and beverage scene.

Since 2005, Hege’s Restaurant in Freshfields Village has served French cuisine in a bistro setting with classics like French onion soup, crab cakes and steak frites. Down on Maybank Highway, local favorite Wild Olive has led the way in sustainability and locally sourced items, boasting housemade pasta and a stunning Italian wine list.

But these popular staples are not the only game in town.

“We knew that Johns Island was growing faster than other parts of the area and also that we wouldn’t have to deal with some of the same logistic problems,” said John Williams, co-owner of Johns Island eatery The Royal Tern, echoing the sentiments of others who brought their businesses to the island for the community and space.

Bottom line: Johns Island’s developing food and beverage community is now a force to be reckoned with.

U.S. Navy veteran Jordan Hooker opened one of the island’s new additions in June, Somm Wine Bar, and he hopes it becomes a vital name on the island.

“Somm is a neighborhood-focused wine bar specializing in wine flights with special attention to detail, to incredible meat and cheese offerings,” Hooker said. “It’s kind of a Cheers bar, where everybody knows your name.”

Somm’s wine flights come with informational cards about each selection, which help guests discover something new.

“I like when people come in and are open to trying new things because the amount of flights that I have that turn into glass pours are astonishing,” Hooker said.

He said he likes to keep the menu fluid because there’s such a wide variety of wine and charcuterie available across the world. Somm’s charcuterie and cheeses are all vegetarian-fed, hormone- and antibiotic-free. And since Somm strictly serves wine, beer and charcuterie, it’s currently the only true wine bar on the island, a fact Hooker is proud of.

“We’re the only ones here on Johns,” he said, adding he is happy about the island’s reception of the shop and the weekly regulars that Somm has already gained.

Another newcomer Periwinkle Kitchen aims to fill a gap on the island, offering healthy chef-made to-go options.

Periwinkle, which opened mid-June on Betsy Kerrison Parkway, has a diverse menu that changes weekly, with fun staples like the BLT tortellini pasta salad and three chicken salad options. Recently, it offered a beef stroganoff that captured flavors of home.

“I was missing my parents, so I wanted to make things that remind me of my mother,” said chef Haley Gunter of the beef stroganoff. For Gunter, Periwinkle Kitchen is a space that allows her ideas to flow. “I finally got to a spot that I was able to help create,” she said.

Periwinkle’s owner Kim Hayes wants to do more than just serve delicious food.

“[Our staff] wants to build their careers, and we want to help them build them,” Hayes said. For her, Periwinkle Kitchen is an opportunity to give back on a personal level.

“I blew my back out in active duty [in the Army] and had a massive spine injury,” she said. “I didn’t know if I would ever stand or walk again, and now that I can, it’s a big thing to come in and see people smiling when they come into the cafe.”

Periwinkle Kitchen values the community and is proud to give back to it. A portion of the proceeds from its Heartfelt Cinnamon Rolls goes to the GreenHeart Charity.

“When you think of us, I hope what people always think of is a company that gives back to the community,” Hayes said. “It starts in your own backyard.”

Periwinkle also has Johns Island’s only juice bar where cold-pressed juices are served. It soon may turn into a smoothie bar, too.

For Johns Island locals, this next one is no secret, but for everyone else, it might be. Seanachai Whiskey & Cocktail Bar opened in 2011 and recently turned over ownership in 2019 to chef and U.S. Marine Corps veteran Jason Myers and his wife, former figure skater Marissa Myers.

“The pub has been around since 2011, and it’s just become a landmark and staple of Johns Island,” Jason Myers said. “We’ve been running it more or less the same as the founder intended.”

But, that’s not to say the establishment hasn’t grown.

“We just offer a really strong food program. Nothing crazy inventive, but super, super solid,” Myers said. “We’re a bar with a kitchen, not a restaurant.”

With the island’s increasing growth and the bar’s popularity, Seanachai will soon open for lunch and on Sunday evening’s after brunch.

“[Brunch] has easily become our second-busiest day of the week,” Myers said, highlighting brunch cocktails, like the Irish coffee cocktail, which he said is “second to none.”

He has also grown the whiskey list from about 100 to 350 whiskeys, adding that several times a year, he hosts a whiskey dinner.

“I typically try to do four to six of them a year, and they’re private, ticketed events. The whole pub closes down, the vibe changes to lowlight, candles and jazz, and I do a five- or six-course tasting menu with whiskey and cocktails.”

Myers and his wife also opened Flyin’ High Frozen Yogurt next door, offering frozen yogurt, coffee, pastries, CBD, Delta-8 and Delta-9 products.

Mexican eatery Minero shuttered its doors downtown in 2020 after six years on East Bay Street, but in June 2022, it found a new home on Johns Island — with much more space.

“The downtown location and kitchen were very small. We didn’t have room to have an expansive menu,” said Kenny Lyons, vice president of operations at the Neighborhood Dining Group.

In the new space, Minero added a back deck with games, as well as a live-fire charcoal grill used to make fajitas and items featuring charcoal-grilled chicken, like chimichangas and enchiladas, paired with housemade tortillas.

Lyons said the Johns Island community has welcomed the move with overwhelming support.

Brothers John and Ben Williams fulfilled their dream of opening a restaurant in 2019 when they moved to the Lowcountry and started The Royal Tern.

“The ability to design a space and building based on the way we wanted it as well as the ability to provide parking for patrons and employees was a huge deciding factor,” John Williams said.“Our initial goal was to offer the local Johns Island community a new restaurant where they could feel at home. With their loyalty and praise, we have been able to continue to grow as word gets out to people in the surrounding areas of Charleston.”

The Royal Tern offers globally inspired preparations of seafood and beef created by chef Kyle Kryske. Fan favorites include blackened swordfish, whole grilled fish and grilled shrimp, with gluten-free crème brÛleé and carrot cake as desserts.

Williams added that The Royal Tern’s manager and resident sommelier, Garth Herr, is always looking for wines to complement the menu. It also offers a phenomenal bar and cocktail program led by Jimmy Shea, making The Royal Tern a well-rounded place for a night out.

With so many possibilities, new and old, it’s pretty clear that no matter what you’re in the mood for, the Johns Island restaurant community has a fix for it, and they are excited to see you when you arrive.

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Proposed James Island preschool sparks drainage worry for neighboring homeowners

JAMES ISLAND, S.C. (WCSC) - The site of a proposed preschool on James Island is causing some neighbors to worry about what their yards will look like during a storm or what the traffic will look like during rush hour.The city of Charleston’s Design Review Board approved the basics, like what kind of building materials and plants the developer wants to use, for example, at the proposed Goddard Preschool located at 1137 Folly Rd., ...

JAMES ISLAND, S.C. (WCSC) - The site of a proposed preschool on James Island is causing some neighbors to worry about what their yards will look like during a storm or what the traffic will look like during rush hour.

The city of Charleston’s Design Review Board approved the basics, like what kind of building materials and plants the developer wants to use, for example, at the proposed Goddard Preschool located at 1137 Folly Rd., at Tuesday night’s meeting.

However, neighbor Matthew Pertuset says he’s more worried about what the city will review later on.

“How is that going to affect the, not just the people that back up, but the entire neighborhood?” Pertuset said.

The proposed preschool sits directly behind Pertuset’s home in the Queenborough neighborhood. He says he’s worried about the design of this building’s drainage because of how it already acts during storms.

“We’re already holding water,” Pertuset said. “So, for that to come up even more, I’m not sure. So, it’s a huge concern.”

But Robert Summerfield, the director of planning, preservation and sustainability for the city of Charleston, said because they have some of the most comprehensive stormwater regulations in the region, no project could make the problem worse but could only improve it.

“They’re working very hard to make sure that they are utilizing the existing wetlands on site and enhancing that as a stormwater catchment area,” Summerfield said.

But that’s not the only concern.

“If it is going to be a pickup, you know, we’re right here on Folly Road, how does that look during rush hour traffic in the mornings and the afternoons?” Pertuset said. “Is it going to get pushed into our neighborhood for us to deal with or is it just going to come to a stop on Folly Road?”

Summerfield said the city has already thought about it.

“We have created a drop-off low space so that cars, as they come in and drop their children off or pick them up, will actually flow through the site so that there’s a queueing situation that will occur so that people aren’t ideally not queueing out on Folly,” Summerfield said.

Neither the Goddard School nor the applicant, AAG Architects for Vista 26, LLC, have responded to requests for comment.

However, Pertuset said no matter what comes on this property, he just wants the city to be thorough with their plans.

“It is something that the community needs,” Pertuset said. “I think James Island could afford to have another preschool.”

Summerfield said the city will discuss more drainage specifics once the developer submits the next step to the Technical Review Committee. They will have to pass all initial designs before that is done and there’s currently no timeline of when that might take place.

Copyright 2024 WCSC. All rights reserved.

Residents fed up with 'deplorable' living conditions at Johns Island apartment complex

JOHNS ISLAND, S.C. (WCIV) — It started as an island paradise, but residents at a Johns Island apartment complex say their home now resembles the woods.The residents of Sea Island Apartments, which houses about 48 people off Maybank Highway, are speaking out against what they describe as "deplorable" conditions.Read more: ...

JOHNS ISLAND, S.C. (WCIV) — It started as an island paradise, but residents at a Johns Island apartment complex say their home now resembles the woods.

The residents of Sea Island Apartments, which houses about 48 people off Maybank Highway, are speaking out against what they describe as "deplorable" conditions.

Read more: One80 Place launches eviction prevention line to support Charleston renters

"We have seen grass grow almost knee and chest high," said Farley, a disabled military veteran who has been living in the complex for six years. "You see fallen trees in the area, people not receiving maintenance, and overloaded trash bin."

In addition to the overgrown vegetation, the residents are concerned about random visits from wildlife. They say it seems management has slacked off and there's been little to no communication.

"You're forced to pay rent on time, but still, your issues are going unaddressed," Farley said. "We'll reach out to management and they haven't meet with us. Every time, they change management or owners. Nobody has contact to it."

It started as an island paradise, but residents at a Johns Island apartment complex say their home now resembles the woods. (WCIV)

There is also only one trashcan in the entire community and a small number of parking spaces.

"You have disabled people having to walk all the way down to one trash bin," Farley said. "There are not enough handicap parking spots. (Management) told us we'd have to park on the side of the road if there are no parking spaces."

"It's time we be up to date, as we were before," said Charlotte Turner, who has been living in the complex for 10 years. "Management needs to show a serious concern about resident complaints, at least be willing to meet or communicate."

Read more: Mayor Tecklenburg to host ribbon cutting for six new affordable housing properties in Charleston

A councilman was reached for comment on this area, but he was unable to conduct an interview due to prior commitments. A representative from the Charleston Development Group was also reached for comment.

Trident Medical looking to build new Johns Island hospital

JOHNS ISLAND, S.C. (WCBD) – Trident Medical Center is looking to build a new hospital on Johns Island.A certificate of need was submitted by Trident Medical to the South Carolina Department of Health and Environmental Control (DHEC) in a step toward constructing a 50-bed acute care facility between Maybank Highway and Cane Slash Road.It would be directly across from the Live Oak Square development.“We are excited to continue making medical care more accessible to residents in our historically underserved comm...

JOHNS ISLAND, S.C. (WCBD) – Trident Medical Center is looking to build a new hospital on Johns Island.

A certificate of need was submitted by Trident Medical to the South Carolina Department of Health and Environmental Control (DHEC) in a step toward constructing a 50-bed acute care facility between Maybank Highway and Cane Slash Road.

It would be directly across from the Live Oak Square development.

“We are excited to continue making medical care more accessible to residents in our historically underserved communities,” said Trident Health President and CEO Christina Oh. “Currently on Johns Island and neighboring communities, it can take residents 30 to 45 minutes to drive to their nearest hospital, and often longer in heavy traffic and inclement weather. Our goal is to increase access to timely, high quality, and affordable health care services.”

Trident leaders estimate the cost of building the new hospital at about $277 million. They said that in the first three years, the Johns Island Hospital would create nearly 300 jobs, contribute to $10 million in non-income taxes to support the community and pay $70 million in salaries, wages, and benefits.

“Johns Island Hospital will mean many residents in the area won’t have to leave the island for work. This will be a great benefit to them and their families,” said Oh regarding job creation.

In addition, the new Johns Island Hospital would be located seven miles from James Island Emergency, which is Trident’s new freestanding ER on Folly Road, which is slated to open in the next few weeks.

The hospital would include 50 beds with space to expand to 150 beds. It would have 40 medical/surgical/stepdown beds, 10 ICU beds, 20 ER rooms, four operating rooms, two endoscopy rooms, and other resources.

Leaders say the third floor will also be designed for future expansion to include a labor and delivery unit and nursery.

“From our first discussions about building a hospital on Johns Island, we have been committed to creating a thoughtful plan that preserves the natural beauty of Johns Island. We will honor the strong Gullah Geechee cultures of the community; we will partner with the areas’ community and businesses; and will promote the important and unique contributions of Johns Island’s agricultural community,” said Oh.

Trident Health operates hospitals in North Charleston, Summerville, and Moncks Corner with three area freestanding emergency departments, and Live Oak Mental Health and Wellness. Its fourth freestanding emergency department is forthcoming.

Johns Island hears from city council candidates

CHARLESTON, S.C. (WCSC) - For the first time Johns Island residents will have a city council member represented in the city of Charleston.The nonprofit Our Lady of Mercy Community Outreach will host a civic engagement today that will allow the community to engage with candidates running for District 3.Organizers say residents have felt underserved and unrepresented over the past 10 years as Johns Island has seen extensive growth.The John’s Island City Council Candidate Forum will provide a space for community membe...

CHARLESTON, S.C. (WCSC) - For the first time Johns Island residents will have a city council member represented in the city of Charleston.

The nonprofit Our Lady of Mercy Community Outreach will host a civic engagement today that will allow the community to engage with candidates running for District 3.

Organizers say residents have felt underserved and unrepresented over the past 10 years as Johns Island has seen extensive growth.

The John’s Island City Council Candidate Forum will provide a space for community members to come together and actively participate in the democratic process.

The candidates running for redistricted District 3 are Stephanie Hodges, Bill Antonucci, and Jim McBride.

They will be in attendance to share their platforms, discuss key issues and address the concerns of the community.

Attendees will get to write in questions and each candidate will get a minute and a half to answer questions with a 30-second rebuttal to those questions.

This new district covers mostly all of Johns Island, and Johns Island residents.

Jermaine Husser, Executive Director of Our Lady of Mercy Community Outreach says the community is looking forward to this event.

“The community has been excited that we’ve created a space for them to come in and have their voice heard so we expect a large crowd to be here because this is going to be historic again this is the first time that Johns Island is going to be represented on council and we just wanted to be a part of that”, Husser said.

Husser explains some of the key issues that will be discussed at the forum.

“Definitely infrastructure getting on and off the island is tough and we can tell that it’s been neglected the decision making in the city has not favored Johns Island and also transportation, lack of transportation, getting to and from the city and to other areas where they need to go make your doctor’s appointment, and other appointments that are important it’s difficult to do that”, Husser said.

The Council Candidate Forum is tonight at 6 p.m. at Our Lady of Mercy Community Outreach located at 1684 Brownswood Rd on Johns Island.

Last year, the City of Charleston underwent a redistricting process.

Before the process, Johns Island was part of a larger district in West Ashley because it did not have a large enough population to be its own district

The event will be moderated by Live 5 News anchor Ann McGill.

Copyright 2023 WCSC. All rights reserved.

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