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

Emma Brooke Alley reflects on The Voice. Here's what's next for the singer from Lyman.

What Emma Brooke Alley thought was a telemarketer call ended up being a producer from The Voice. That call led to a chance for her to appear on the popular NBC music reality show.Alley, a 19-year-old from Lyman, said the producer saw her singing on a social media post. The call would eventually help Alley - her stage name is Emma Brooke - to compete on The Voice this season. She made it to the top 36 before getti...

What Emma Brooke Alley thought was a telemarketer call ended up being a producer from The Voice. That call led to a chance for her to appear on the popular NBC music reality show.

Alley, a 19-year-old from Lyman, said the producer saw her singing on a social media post. The call would eventually help Alley - her stage name is Emma Brooke - to compete on The Voice this season. She made it to the top 36 before getting eliminated on Oct. 31.

She secured a spot on The Voice with a cover of "California Dreamin," by The Mamas & The Papas. Two judges, Gwen Stephani and John Legend turned their chairs for the Spartanburg County native and she went with Team Legend.

"I got two chairs turned, and I was grateful to even have one," she said. "They were the two people that I wanted, John Legend and Gwen Stephani. I thought I was going to go with Gwen, just because she was my top pick of all time, but it was the way that John was speaking to me. He said 'I see this perfection about you in your contemporary music, and I want to take down those walls that you've built and rough up your style and sound.' It immediately caught my attention, he knows what I want on this show."

Emma Brooke Alley competes on The Voice

One obstacle Alley faced on the show was becoming comfortable with diverse music genres. She typically worked with the genres indie, alternative-rock and blues. Alley's battle with Nia Skyfer gave her the opportunity to expand her musical growth.

"I won my battle round with Nia Skyer, we sang 'She's All I Wanna Be,' by Tate McRae, which was a song completely out of my wheelhouse," she said. "It was very pop-rock, Olivia Rodrigo type stuff. When they gave me a pop-rock song I was like 'Oh Lord, this is gonna be fun.' I made it a mission that no matter what song they would give me, I'm going to show them that my voice is flexible and capable."

Skyfer said that competing with Alley was a fun, learning experience.

"Her being so young and yet so skilled with her craft is something I highly admire," Skyfer said in an email. "It never really felt like we were battling each other. I think it felt more like a duet between two friends. Overall, it was a great experience and I'm glad they paired us together."

Alley said the best advice she received came from singer and songwriter Jazmine Sullivan during a coaching segment.

"The advice was to really 'sell my story.' When you're brought up and trained in classical music, it's sometimes hard to really find that connection with that song," Brooke said. "Jazmine taught me this trick about really selling a look with just my eyes. If somebody looks in my eyes and can feel that emotion, it's the strongest way I can convey how I'm feeling. I felt like being there gave me the confidence and gave me the time to work with John (Legend) and myself on how I'm going to take this song and myself to the next level."

The Voice 2022Easley's Ansley Burns reflects on experience working with Blake Shelton

What is next for Emma Brooke Alley's musical career?

Alley said she will appear Nov. 21 at the Spinning Jenny in Greer. She will sing original songs for the Brent Ensley Showcase.

She is currently studying Contemporary Music with Media Applications at Converse University. Alley, who began taking voice lessons at 6 years old at Converse's Lawson Academy of the Arts, plans to complete her four-year degree in 2025 before pursuing a career as a singer-songwriter.

Alley graduated high school from South Carolina Governor's School for the Arts and Humanities, in May 2021.

She appreciates all of the support from her friends, family and community.

"The night that my blind audition aired, we had a blind audition party at my church, 4 Points Church in Greer," she said. "Just to see the turnout of everyone that came, and they wanted to watch that episode alongside me and support me. Everyone was so full of love."

How Emma Brooke Alley's musical career began

Alley said she remembers singing Disney songs and her voice caught the attention of her parents.

"I was running around the house, singing things like Disney princess songs, Hannah Montana and all the stuff little girls would sing around the house."

"My parents heard a little vibrato sound, and thought 'maybe she can do something with this?' They enrolled me in the Lawson Academy of the Arts and I started taking voice lessons with Dr. Valerie MacPhail, and have been taking lessons with her ever since."

MacPhail, associate professor of Voice and assistant director of the Petrie School of Music at Converse, said that Alley was always an amazing student who worked hard.

"Emma Brooke started studying voice with me when she was 8- years-old. She had a true vocal gift, with a voice that was beautiful and mature beyond her years," MacPhail said. "I truly believe her talents would allow her to be successful in any genre of music, and I feel privileged to be part of her journey as she figures out where she wants to go."

Fish kill on the Middle Tyger River, DNR investigating

LYMAN, S.C. (FOX Carolina) - You may notice dead fish along the shore of the Middle Tyger River.The South Carolina Department of Natural Resources is investigating a fish kill.A fish kill is a sudden death of a large number of fish, over a short time, within a certain area. And that area, specifically, is behind the Middle Tyger Library.Brad Kiser knew something was fishy, as he frequents the river often.“We come here and fish, occasionally. It’s usually just small fish,” Kiser said....

LYMAN, S.C. (FOX Carolina) - You may notice dead fish along the shore of the Middle Tyger River.

The South Carolina Department of Natural Resources is investigating a fish kill.

A fish kill is a sudden death of a large number of fish, over a short time, within a certain area. And that area, specifically, is behind the Middle Tyger Library.

Brad Kiser knew something was fishy, as he frequents the river often.

“We come here and fish, occasionally. It’s usually just small fish,” Kiser said.

The fish weren’t biting that day. When Kiser looked down, he quickly figured out why.

“There were dead fish everywhere,” Kiser continues, “This is the first time I’ve seen something like this.”

Kiser snapped a few photos and reported to the DNR. The department nor the Tyger River Foundation were aware of what happened until Saturday, Sep. 17.

Greg Lucas, with the SCDNR, says he understands why residents are alarmed. His team found crappie, largemouth bass, and other assorted species floating by.

“Fish kills are kind of upsetting, just like any time you see a lot of species that die off,” said Lucas.

Lucas explains that fish kills can happen naturally, such as during the Summer when fish get trapped in areas with low oxygen levels, or environmentally.

“It could be pollution,” Lucas said, “It could be an accidental release of, let’s say, fluid from a water treatment plant. It just kind of runs the gamut.”

Lucas says fish kills happen from time-time on lakes and such, but they’re uncommon on a body of water such as the Tyger River. The DNR collected fish to determine the cause of the kill and if any fines are necessary.

Kiser’s main concern is whether this will affect the Lyman community.

“Drinking water is upstream from here,” said Kiser, “So, we kind of wanted to know what exactly is in it.”

Lucas says it depends on what their investigation finds. For now, he suggests visitors stay away.

“Luckily, these things are pretty short-lived,” said Lucas, “If some release of some sort of chemical is causing that, that’s usually caught pretty quickly.”

DHEC’s role is to determine the cause of the fish kill. And if any fines are necessary, DHEC would issues them. SCDNR’s roles is to determine the value of the resource, in monetary terms, and report to DHEC. DNR is still working on its fish kill report.

The number of dead fish is undetermined, but we will follow up once DHEC’s findings are released.

Copyright 2022 WHNS. All rights reserved.

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.

Environmental testing underway at abandoned mill site in Lyman

LYMAN, SC (WSPA) – Leaders in one Upstate community are working to bring new life to an abandoned mill site.Mills were once the cornerstone of many Upstate communities.Likewise, many mill properties have been redeveloped.Folks in Lyman hope it’s their turn.“It was such a good group of people,” Reba Bruce recalled.Bruce recently celebrated her 91st birthday. She still lives by the old mill off Pacific Street in Lyman where she once worked.“Oh it was very nice,” she ...

LYMAN, SC (WSPA) – Leaders in one Upstate community are working to bring new life to an abandoned mill site.

Mills were once the cornerstone of many Upstate communities.

Likewise, many mill properties have been redeveloped.

Folks in Lyman hope it’s their turn.

“It was such a good group of people,” Reba Bruce recalled.

Bruce recently celebrated her 91st birthday. She still lives by the old mill off Pacific Street in Lyman where she once worked.

“Oh it was very nice,” she said. “We just enjoyed working there and to see it like it is, it’s sad.”

Their piece of history is marked with graffiti and signs of condemnation.

The mill closed in 2005, and much of it was demolished years later.

“The mill was Lyman,” Mayor Larry Chappell said.

He said the property has become an eyesore and the Environmental Protection Agency is testing the site to see how it can be cleaned up.

“Trying to drill and get samples,” the mayor said, adding that the town met with the EPA, DHEC, the Appalachian Council of Governments, and property owners. “We had some people come in that had worked in the mill and gave them some ideas of what happened in the mill.”

He says some of the property is in Spartanburg County.

The EPA’s federal assistance will fund the environmental testing needed for redevelopment.

“After they get the asbestos and any hazardous material out there then I think it’ll be more likely that developers may come and say okay it’ll cost me $50k or $100k to tear all this down,” Chappell said. “Hopefully we see something over there – maybe storefronts or homes or whatever.”

Whatever it is, Bruce wants something their mill village can be proud to look at every day.

“I just hope they’ll do something nice with it,” Bruce said.

The mayor says they’ve already started phase one of the testing.

The town is working on the project with a Greenville-based company called SynTerra Corp., which plans to hold a public forum later this year.

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 trul...

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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