Probate Lawyer in Ladson, 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 Ladson, 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 Ladson, 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 Ladson, SC
Probate Lawyer Ladson, 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 Ladson, 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 Ladson, 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 Ladson, 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 Ladson, SC

Funding for new 900-student Ladson Elementary School approved by committee

LADSON, S.C. (WCSC) - The Charleston County School District is one step closer to getting a new elementary school in Ladson.The Charleston County School District’s Audit and Finance Committee approved funding for a new Ladson Elementary School Tuesday afternoon. The Charleston County Board of Trustees will have a final vote on the building next week.The project is just now in the beginning stages, but the new Ladson Elementary School will cost over $47 million for materials and labor to build the school that will hold 900...

LADSON, S.C. (WCSC) - The Charleston County School District is one step closer to getting a new elementary school in Ladson.

The Charleston County School District’s Audit and Finance Committee approved funding for a new Ladson Elementary School Tuesday afternoon. The Charleston County Board of Trustees will have a final vote on the building next week.

The project is just now in the beginning stages, but the new Ladson Elementary School will cost over $47 million for materials and labor to build the school that will hold 900 students.

Ladson Elementary School is currently located at 3321 Ladson Rd., with the current building being completed back in 1976.

“I think the biggest thing is always to make sure they’ve got enough bids to find the best price,” parent Joy Brown says. “It is a huge ticket item, but it’s expensive to build a school.”

The existing Ladson Elementary School has seen steady growth over the last four years according to data from the South Carolina Department of Education 45-day school headcount numbers.

This year the school has 893 students compared to 843 students back in 2020.

Going even further back to 2012, Ladson Elementary had 801 students.

As the Charleston County School District continues to grow with more people moving to the area, Brown says it’s important for the district to spend money in the right places.

“I think for me as a parent, I feel like it’s important to have the right amount of schools,” Brown says. “School size matters, class size matters. You can’t have tons of kids packed into one school; Charleston’s a high growth area.”

The committee also approved over $66 million for 12 projects throughout the district ranging from renovations, replacements, and new buildings. Some projects of note include:

“I think it’s important for people to realize this money has been allocated specifically for schools,” Brown says. “We just want to make sure that it is efficiently used when you’re looking at growth.”

Copyright 2023 WCSC. All rights reserved.

Sensory-Friendly Santa event in Charleston caters to families with autistic kids

In Charleston’s bustling holiday season, parents gear up to bring kids to the traditional Santa at the mall. But for parents of autistic kids, that vibrant scene could be a potential sensory overload.That’s why the Medical University of South Carolina’s SPARK research group and Tri-County Therapy are hosting a Sensory-Friendly Santa event on Dec. 2 in Ladson at 3851 Commercial Center Drive from noon to 5 p.m.Autism families often have to forego the traditional photo of kids with Santa, said Dr. Laura Carpenter...

In Charleston’s bustling holiday season, parents gear up to bring kids to the traditional Santa at the mall. But for parents of autistic kids, that vibrant scene could be a potential sensory overload.

That’s why the Medical University of South Carolina’s SPARK research group and Tri-County Therapy are hosting a Sensory-Friendly Santa event on Dec. 2 in Ladson at 3851 Commercial Center Drive from noon to 5 p.m.

Autism families often have to forego the traditional photo of kids with Santa, said Dr. Laura Carpenter, professor of pediatrics and psychiatry and chief of psychology for SPARK.

“Going to a crowded Christmas event can be really hard because those are usually lots of lights, lots of noise and lots of crowds that can be really overwhelming,” Carpenter said. “We’re trying to give them that typical childhood experience, but in a way that is actually enjoyable for the child.”

According to a recent report from the Centers for Disease Control and Prevention (CDC), one in 36 children have been identified with autism spectrum disorder at age 8, a significant rise from past years. The CDC also found that autism diagnoses increased 30 percent from 2018-2020 in minority communities.

“For the first time, the percentage of Asian, Black and Hispanic children identified with autism was higher than among 8-year-old White children,” according to an article published by the S.C. Department of Health and Environmental Control.

The Ladson event will not only give kids a chance to experience Santa Claus in a less-crowded and overwhelming environment, but families are also able to contribute to autism research.

SPARK is a nationwide community of families, autistic adults and researchers working to understand autism and improve lives. The organization is researching autism across the lifespan to better understand what makes each person with autism unique — and how each child, adult and family can get the support they need to thrive. There are approximately 50,000 people included so far.

NORTH CHARLESTON — To continue efforts to become the Coast Guard’s “operational center of gravity” on the East Coast, officials broke ground Jan. 26 on its new $160 million campus.

This 64-acre site along the Cooper River — just south of the former naval base that closed in 1996 — will house an administration building and redesigned 1,100-foot concrete pier.

Construction is expected to begin later this year and be completed in 2026.

“This Charleston campus will have improved infrastructure that translates into more productive personnel and more efficient operations,” said Capt. Neal Armstrong, the commanding officer of facilities design and construction.

The 51,500-square-foot administration building will provide training and conference room space, and additional rooms dedicated to cutter ship support.

Sustainability is a priority, so the new facility will achieve net-zero energy usage and a net-zero carbon footprint, Armstrong said.

The current Pier November will be replaced with a pier more than three feet taller to enhance durability during coastal storms. It will provide utilities to support five national security cutters and a 90-ton crane, which is critical for dockside maintenance, Armstrong said.

During the design and construction phases nearly 60 subcontractors will support the two main contractors on the project, Whiting-Turner Contracting Company and RQ Construction LLC, providing work for nearly 900 people.

Commandant of the Coast Guard Adm. Linda Fagan, who spoke at the groundbreaking ceremony, said every Coast Guard mission begins and ends at a shore facility. When the ships are not at sea, they need a base that can provide necessary maintenance, she added.

The missions conducted at Base Charleston are vital to protecting national security and economic prosperity, Fagan said, adding that the new campus will aid in “lifesaving work,” including patrolling the waters for smuggled narcotics.

HOT PROPERTIES: Ladson complex sells for $77.5M

A 336-unit multifamily housing complex in Ladson called Broadstone Ingleside sold for $77.5 million, according to Cushman & Wakefield, a commercial real estate services firm that arranged the deal.Cushman & Wakefield’s John Phoenix, Louis Smart and Austin Green represented the seller in the transaction. The multifamily community was acquired by a joint venture between affiliates of Abacus Capital and Westbrook Partners, according to a Cushman & Wakefield news release."Broadstone Ingleside is a best-in-cla...

A 336-unit multifamily housing complex in Ladson called Broadstone Ingleside sold for $77.5 million, according to Cushman & Wakefield, a commercial real estate services firm that arranged the deal.

Cushman & Wakefield’s John Phoenix, Louis Smart and Austin Green represented the seller in the transaction. The multifamily community was acquired by a joint venture between affiliates of Abacus Capital and Westbrook Partners, according to a Cushman & Wakefield news release.

"Broadstone Ingleside is a best-in-class garden asset built by one of the most prolific developers in the nation,” Smart, director at Cushman & Wakefield, said in the news release. “This deal is in the absolute bullseye for job growth and in-migration in Charleston — one of the fastest growing and most sought-after markets we cover.”

Broadstone Ingleside is a desirable property because it is positioned in a rapidly expanding North Charleston submarket just off Interstate 26, located near several big-name corporations, the news release said.

Cushman & Wakefield’s Sunbelt Multifamily Advisory Group is a 109-person investment sales team covering 11 states. The group closed $11.1 billion in sales volume through 360 deals and more than 60,300 units.

Hot Properties highlights recently sold or leased commercial properties in the Charleston region. Send in your transactions using our online form. Other recent commercial real estate transactions include:

Brent Case and Jing “Julia” Donovan of Coldwell Banker Commercial Atlantic represented the landlord, Windsor Hill Flex LLC, in the lease of retail/flex/office space at Suite 4 at 8210 Windsor Hill Blvd. in North Charleston. Hannah Kamba of Coldwell Banker Commercial Atlantic represented the tenant, La Hacienda of West Ashley LLC.

Kristen Krause of Coldwell Banker Commercial Atlantic represented the seller in the sale of 2,500 square feet on 1.29 acres of commercial redevelopment property at 1905 Old Trolley Road in Summerville for $1.5 million. Michael Silverman of TSCG represented the buyer.

Jing “Julia” Donovan of Coldwell Banker Commercial Atlantic represented the tenant, Poke Cafe Tanger Outlet LLC, in the lease of retail space at Tanger Outlet in North Charleston from Masison Plaza LLC. Chase Development Company represented the landlord.

Markus Kastenholz and Remington Beatty of Colliers South Carolina represented the buyer, Triple B Capital LLC, in the sale of retail space at 2400 Gap Road in North Charleston for $2,000,000.

Robert Pratt of Re/Max Pro Realty represented the buyer, RLP LLC and Tricom Associates LLC, in the sale of 10,880 square feet of retail space at 10599 Dorchester Road in Summerville from PRED Pharmacy-Summerville LLC for $1,850,000. Joel Cukier of Ascension Advisory represented the seller.

Patrick Nealon of Colliers South Carolina represented the seller, Arbys Properties LLC, in the sale of 2,600 square feet of retail space at 6124 Rivers Ave. in North Charleston to Abrahim Dabit.

Berkeley Co. deputies investigating after shooting leaves 1 injured in Ladson

The Berkeley County Sheriff’s Office is investigating after a shooting in Ladson left one person injured.The shooting occurred on Miami Street, off College Park Road.Just after 1 p.m. on Friday, Nov. 10, Berkeley County Communications received a 911 call about a shooting that occurred with one person injured. Responding deputies located the victim in the parking lot of Food Lion after the victim attempted to have someone drive them to an emergency room.The victim was transported to an area hospital for treatment....

The Berkeley County Sheriff’s Office is investigating after a shooting in Ladson left one person injured.

The shooting occurred on Miami Street, off College Park Road.

Just after 1 p.m. on Friday, Nov. 10, Berkeley County Communications received a 911 call about a shooting that occurred with one person injured. Responding deputies located the victim in the parking lot of Food Lion after the victim attempted to have someone drive them to an emergency room.

The victim was transported to an area hospital for treatment.

The Berkeley County Sheriff’s Office continues to investigate this case.

Dar Shokri and Fred Robinson each hit a hole-in-one in January to start 2024 off with a bang at Goose Creek’s Crowfield Golf Club

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Goose Creek Mayor Greg Habib, left, was joined by John Matthews of the Goose Creek NAACP at city hall to officially proclaim Monday, Jan. 15, as Dr. Martin Luther King Jr. Day in the city of Goose Creek. King was born Jan. 15, 1929, and the day has been celebrated as a federal holiday for 38 years. The proclamation praises King for “working alongside people of all ages, races and backgrounds” and encouraging Americans “to come together to strengthen communities and empower the impoverished.”

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What drives you crazy? The intersection of Lincolnville Road and Ladson Road

LADSON, S.C. (WCBD) – Are you frustrated with traffic backups in Ladson? One resident has what they feel would be a simple fix to help alleviate a major intersection.The traffic pattern and potholes at the intersection of Lincolnville and Ladson roads have been a source of frustration for many drivers in the Ladson area. The area sees backups during the morning and afternoon rush hours often.One News 2 viewer who drives through the intersection daily believes a turn lane could make all the difference.Karen Fonkert ...

LADSON, S.C. (WCBD) – Are you frustrated with traffic backups in Ladson? One resident has what they feel would be a simple fix to help alleviate a major intersection.

The traffic pattern and potholes at the intersection of Lincolnville and Ladson roads have been a source of frustration for many drivers in the Ladson area. The area sees backups during the morning and afternoon rush hours often.

One News 2 viewer who drives through the intersection daily believes a turn lane could make all the difference.

Karen Fonkert said that with so many neighborhoods on Lincolnville Road – and even more being built – backups in Ladson are only getting worse. Especially at the Lincolnville/Ladson Road intersection. She said what is normally an eight-minute commute with no traffic, is often much longer.

“Usually, it’s about a 20-minute wait, just at the light. It backs way up, about a half mile, normally. And so if there’s an accident anywhere along there, it’s even worse,” said Fonkert.

As it stands now, cars move left to leave space for those turning right. But instead of a right turn lane, cars have to traverse a mess of dirt and potholes where the road drops off.

In fact, Fonkert said she once saw a truck break its axle when its tire fell into a pothole. But she says some new pavement could solve the problem.

“What I really think would help, and a lot of people have said this too, if there were a right turn lane. That would allow traffic to keep going through, and it maybe wouldn’t back up so far back on Lincolnville Road,” she said.

The roadway is maintained by the state. News 2 asked officials with the South Carolina Department of Transportation if they would be willing to look into paving a legitimate turn lane – but unfortunately, they only came up with this response:

“There are not any upcoming projects planned for this intersection.” They encouraged any concerned residents to reach out to their customer service center.

If this intersection drives you crazy, you can let SCDOT know. And if there’s any other roadway issue, you’d like for us to look into, send an email to mfee@wcbd.com.

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