Probate Lawyer in Lyman, 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 Lyman, 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 Lyman, 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 Lyman, SC
Probate Lawyer Lyman, 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 Lyman, 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 Lyman, 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 Lyman, 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 Lyman, SC

Spartanburg Co. mill town reaches back to its origin story to celebrate 100 years

LYMAN — Despite being less than 70 years old, the town of Lyman will celebrate its 100th anniversary in November as it reaches back beyond its incorporation to its mill town origin story.Life in Lyman, a town of about 7,000 tucked between Spartanburg and Greer, once revolved around Pacific Mills. Opened in 1924, it was once one of the largest textile mill employers in Spartanburg County.Redevelopment plans on Pacific Street are movin...

LYMAN — Despite being less than 70 years old, the town of Lyman will celebrate its 100th anniversary in November as it reaches back beyond its incorporation to its mill town origin story.

Life in Lyman, a town of about 7,000 tucked between Spartanburg and Greer, once revolved around Pacific Mills. Opened in 1924, it was once one of the largest textile mill employers in Spartanburg County.

Redevelopment plans on Pacific Street are moving forward as the town prepares for growth while embracing that its history is tightly woven with the mill’s. Instead of the town’s incorporation, Lyman’s November centennial celebration marks the anniversary of construction of the mill that put it on the map.

$6.5M Lyman development adds townhomes to downtown mixed-use plan

The history of Pacific Mills in Groce’s Stop

In 1923, Pacific Mills purchased 700 acres from the Groce family. Production began in 1924 at what was first called the Lyman Printing and Finishing Mill, which had 375 houses built between 1923 and 1925. The cost to construct the mill and houses was $6 million.

The mill expanded in 1927 and most of its houses still exist, though a few were destroyed by a tornado in May 1973. It operated until 2005 and was demolished in 2012, save for a few smokestacks, the boiler room and a five-story administration building near downtown.

The town was originally called Groce’s Stop after the general store that was built there in the 1870s by August Belton Groce.

Alton Free, 72, has lived in Lyman for most of his life and began working at the mill when he turned 16. He’s one of many who remember the mill despite its lack of physical presence.

“Growing up here, everything centered around the mill,” Free said. “At the time, it was the largest employer in Spartanburg County. I did all types of jobs there. I inspected cloth, unloaded dye bags and drove a forklift.”

New Lyman mixed-use development viewed as bellwether for downtown

Free worked second shift at the mills while he attended Wofford College and eventually became a supervisor. His mill career continued until 1976, and he’s watched as Lyman continually redefines itself years after the mill’s closure.

Long-time resident Hilda Morrow, 81, said downtown was thriving when the mill operated. There were was a furniture store, drug store and dry cleaner downtown where you could pay your telephone and power bills all in one place. Her family’s mill house had a particular view thanks to a coal stockpile.

“The coal pile kept growing and it looked like a black mountain behind our house,” Morrow said.

In 2008, Morrow established a group called “Days at Pacific Mills a Lyman Group” to help reconnect those who, like her family, once worked at the mill. She’s excited about the town’s 100th anniversary celebration planned for Nov. 4 and Nov. 5 in downtown. While the mill was established in 1923, the town wasn’t incorporated until 1954. The 100th anniversary celebration marks the start of the mill’s construction.

Redevelopment at Pacific Mills

Lyman recently purchased 32 acres at the former mill site with plans to redevelop the site into mixed-use with retail and housing. The Environmental Protection Agency tested the site in 2019 and the town recently hired Greenville-based SynTerra Corporation to help guide the redevelopment process with public input.

A feasibility study’s findings on how the property might be redeveloped is scheduled to be completed in October.

“The town did acquire the parcels with hopes to partner with a developer to bring it back to life,” town administrator Noel Blackwell said. “A majority of people have said they want retail, dining and open space at the site.”

Spartanburg County town seeks developers for 50-acre former textile mill

If the site is redeveloped, it’s expected to help boost business downtown. Lyman Mayor Glenn Greer said there’s already been renewed interest in downtown with at least five new businesses opening over the past few years.

That doesn’t include the $6.5 million mixed-use development that is under construction at Groce and Elliott Roads near downtown. The project will be completed in three phases and include new townhomes. Its plans include iron balconies, private interior stairwells, fountains and underground trash disposal. The apartments and shops will be 900 square feet each, with restaurant space taking 4,100 square feet.

“Obviously, the mill started it all and we were fortunate to have that type of employment to draw people here looking for work,” Greer said. “We can look back with fond memories of the mill. We are proud of that heritage.”

Greer said he expects more growth throughout the town to continue with more demand for housing and industry.

“We will continue to develop where it is possible and do it responsibly and do what we can to promote more business,” Greer said.

The Lyman Centennial Celebration is 10 a.m. to 8 p.m. on Nov. 4 at the Park of Lyman at 81 Groce Road. It continues Nov. 5 from 2 to 4 p.m. at the Lyman Event Center at 59 Groce Road. For more information about the event, visit lymansc.gov.

Here's a list of road projects planned in Spartanburg County for this year

Many road and bridge projects are planned this year in Spartanburg County by state and county transportation departments.Spartanburg County projectsFunded projects on county-maintained roads this year include:? Intersection improvements at 4th Street/Hanging Rock and Valley Falls roads in Boiling Springs; Lightwood Knott and South Hammett Roads at Reidville Road; Willis Road at U.S. 29; and the installation of a traffic signal on S.C. 290 at Draexlmaier in Duncan.Also, the county will continue to ...

Many road and bridge projects are planned this year in Spartanburg County by state and county transportation departments.

Spartanburg County projects

Funded projects on county-maintained roads this year include:

? Intersection improvements at 4th Street/Hanging Rock and Valley Falls roads in Boiling Springs; Lightwood Knott and South Hammett Roads at Reidville Road; Willis Road at U.S. 29; and the installation of a traffic signal on S.C. 290 at Draexlmaier in Duncan.

Also, the county will continue to resurface roads, replace and repair bridges and large culverts on county-owned roads.

More:Spartanburg County roads see greater need than road projects planned

Projects planned on county-maintained bridges and culvert replacements include:

? Calvary Road Bridge, Miller Town Road Bridge, Gate Road Bridge, Rabbit Moffit Road Bridge, Reidville Sharon Road Bridge, Beardon Road Bridge, Waspnest Road Bridge, Frey Road Bridge, and Settles Road Bridge.

More:A look at some of the key Spartanburg County, state road improvements planned for 2021

Spartanburg County Public Works Director Travis Brown said county road projects such as improvements in Boiling Springs near Highway 9 are often done in tandem with state Transportation Department projects.

Other local projects

At the recent Spartanburg County Transportation Committee, comprised of state lawmakers who represent all or parts of Spartanburg County, these new projects were approved:

? Highway 14 East paving; widening of Robinson Road from Fulmer Drive to Highway 290; paving of Sloan Road/Mill Gin Road, from Jordan Road to Mt. Lebanon Road; paving of Shiloh Church Road, from Highway 358 to Wasp Nest Road; paving of Westmoreland Road in Greer; paving of East Church and Savannah streets, Tumbler Rock Road and Pebble Court in Cowpens; Edwards Lane in Duncan.

Also, Woods Chapel and Victor Hill Road intersection project; and curb, gutter and storm drainage improvements to Preston Street in Spartanburg.

South Carolina DOT projects

S.C. Department of Transportation projects planned in Spartanburg County this year include:

? Lyman Traffic Triangle, $6.5 million. Construction is expected to start this fall. Improvements to main intersection areas in the town of Lyman: U.S. 29 at Pine Ridge Road; S.C. 358/Holly Springs Road at Pine Ridge Road; S.C. 129 at Holly Springs Road and U.S 29. at S.C. 292. Nearby in Lyman, left turn lanes on U.S. 29 at Pine Ridge Road will be lengthened and left turn lanes added on Pine Ridge Road.

? Chesnee Highway and Old Post Road intersection. A traffic light will be installed, and a right turn lane added on eastbound Chesnee Highway, as well as left turn lanes on all four legs of the intersection.

? Old Post Road and Hyatt Street intersection. A traffic light will be installed and the intersection will be reconfigured to allow for through traffic to and from Interstate 85 along Hyatt Street, construction of a right turn lane on eastbound Old Post Road, and a left turn lane added on northbound Hyatt Street.

? Farmington Road will be extended a short distance to align with Old Post Road after the Old Post Road/Hyatt Street intersection is modified. The project is needed due to anticipated growth in the Gaffney area and the corridor’s proximity to both I-85 and the Gaffney Premium Outlets.

? Country Club Road corridor. The existing corridor is primarily a two-lane roadway that connects the City of Spartanburg at Union Street and South Pine Street to Glendale. The $6 million project is near the trailhead of the Mary Black Rail Trail and trails near Glendale Shoals and is expected to start this spring. The road will be widened, drainage improved and safety upgrades at key intersections for a multi-use pathway.

? A roundabout at S.C. 11 and Paris Bridge Road.

Planned paving and widening projects included in DOT's 10-year plan in Spartanburg County include:

? Holly Springs Road (SC 358), 3.3 miles; Bryant Road, 1.15 miles; Southgate Drive; 0.35 miles; Brice Road, 1 mile; Old Georgia Road, 2.65 miles; Lawson Road, 1.68 miles; Freeman Farm Road, 0.33 miles; Walnut Grove Road, 1.69 miles; Greenpond Road, 3.5 miles; S.C. Highway 101, 11.3 miles; S.C. 14 (East Rutherford Street), 1.45 miles; S.C. Highway 14 East, 0.54 miles; S.C. Highway 417, 2.3 miles.

? Also, Waddell Road, 1.83 miles; Fairfield Road, 0.9 miles; Fairfield Street, 0.51 miles; West Georgia Road, 2.69 miles; West Georgia Street, 0.89 miles; S.C. 292 (Inman Road), 2.59 miles; S.C. 292 (Lyman Road), 2.61 miles; South Pine Street, 0.52 miles; U.S. Highway 176 Bypass, 2.93 miles; S.C. Highway 14 West, 3.7 miles; S.C. Highway 14 (West Rutherford Street), 0.86 miles; S.C. Highway 56, 22.73 miles.

Meanwhile, state lawmakers from Spartanburg County are allocated state funds to designate for road projects in their districts.

Is there a road or project in Spartanburg County you want us to check on? Email Bob Montgomery at bob.montgomery@shj.com.

Lyman Celebrates 100 Years

In today’s Living Upstate feature celebrating 100 years! The town of Lyman is gearing up to honor the centennial celebration with a big event. Town Administrator Noel Blackwell joins us to tell us about the events happening this weekend.Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Roads closed across the U...

SC student made it through the first round on ‘The Voice.’ Whose team did she pick?

A Converse University student made it through blind auditions on The Voice this week and chose to work with John Legend.Emma Brooke, whose real name is Emma Brooke Alley, was chosen by Gwen Stefani and Legend after singing the Mamas and Papas hit “California Dream.’”She is 19 and from Lyman, South Carolina. She’s trained in classical music but told the judges she wanted to branch out into contemporary music. She is ...

A Converse University student made it through blind auditions on The Voice this week and chose to work with John Legend.

Emma Brooke, whose real name is Emma Brooke Alley, was chosen by Gwen Stefani and Legend after singing the Mamas and Papas hit “California Dream.’”

She is 19 and from Lyman, South Carolina. She’s trained in classical music but told the judges she wanted to branch out into contemporary music. She is a graduate of the Governor’s School for the Arts and Humanities in Greenville.

Legend told her he wanted to work with her to help her “unlearn some of the structure that’s been put around” her.

On her Instagram page, she said “I’m so happy that everyone finally got to see what I’ve been working on over the summer! Thank you all so much for all of the love and support! I can’t wait to share this journey with you!”

The Voice tweeted to her: “You’ll fit right in on Team Legend.”

She started taking voice lessons when she was 6 years old.

Her first single “Feelin’ Good” was released in January.

She’s also a member of a blues, indie rock band called The Blue Executive.

“As a singer, musician and performer, I want my music and spirit to fill others’ hearts and souls with music that makes them feel good,” she said on her website. “I sing and perform to use the talent that God has blessed me with to touch and inspire everyone in the room and beyond.”

The Voice is on NBC Mondays and Tuesdays at 8 p.m. and next day on Peacock.

This story was originally published September 28, 2022, 10:08 AM.

Lyman job training center helps people with disabilities

zach.fox@shj.comA new facility is helping workers with disabilities in the Lyman area find employment more easily.The S.C. Vocational Rehabilitation Department's Bryant Center in Lyman, just down the street from Byrnes High School, recently opened a new job training center. The facility is designed to provide job training to people with disabilities looking to enter the workforce."It was truly about 20 years in the making," said Jennie Thomas, Vocational Rehab area administrator. "It is truly the anchor pi...

zach.fox@shj.com

A new facility is helping workers with disabilities in the Lyman area find employment more easily.

The S.C. Vocational Rehabilitation Department's Bryant Center in Lyman, just down the street from Byrnes High School, recently opened a new job training center. The facility is designed to provide job training to people with disabilities looking to enter the workforce.

"It was truly about 20 years in the making," said Jennie Thomas, Vocational Rehab area administrator. "It is truly the anchor piece of this whole facility."

The Bryant Center opened in 2010 with employment counseling and services. The training center opened in July, but next month, potential employers will be welcomed to the facility to learn more about the training it provides and the benefits workers there could have on business.

Thomas said the training center was the missing piece of the puzzle at the Bryant Center — giving workers with disabilities the chance to train in some of the jobs they'd likely get in the workforce.

"The problem (many businesses) have right now is people," said Jay Weisner, training center manager. "It's a win-win for us to help corporate partners. They bring a product in here and our people clock in and clock out, take breaks, so when they leave here, they already have the skills, the aptitude, to work. They're already training on-the-job to do the job."

The facility already has partnerships with Sloan Construction Co. and BPO American, a local call center.

Classes in heavy equipment operation, including an OSHA certification and simulator training, are available in the new facility. An on-site call center lets people field real, live calls from customers. Software and hardware similar to what's found in offices is in place to give those training the most hands-on experience possible, Thomas said.

The facility gets workers with disabilities ready to enter the workforce. Clients from age 15 up, some of whom come from Byrnes High, train there to get a better idea of how a workday typically goes what a typical businesses environment is like.

Weisner spent more than 30 years working in production for several private companies. He said his industry experience better enables the training center to mimic how business works.

"That is my background, with a master's degree and all that, but here, we recreate jobs at companies and industries in the area," he said. "We can benefit (trainees) in so many different ways. The things you see our clients doing are real jobs for real clients."

Friday morning, those trainees specially folded boxes that will be used to cover machinery pieces during transit and put together packages of plastic gloves used by workers in several fields.

The facility hit the ground running, welcoming 17 area businesses the day it opened this summer, Weisner said. Since, more than 100 businesses have signed on as partners.

"They get out of here and they get hired, that's the end goal," Weisner said.

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