Probate Lawyer in Marietta, 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 Marietta, 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 Marietta, 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 Marietta, SC
Probate Lawyer Marietta, 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 Marietta, 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 Marietta, 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 Marietta, 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 Marietta, SC

Roster Announced for Inaugural WCRA Rodeo Carolina, the Richest Rodeo East of the Mississippi, in Mill Spring, North Carolina, on Oct. 6-8

MILL SPRING, N.C. – Ahead of the WCRA’S (World Champions Rodeo Alliance) inaugural Rodeo Carolina in Mill Spring, North Carolina, the richest rodeo East of the Mississippi, the organization today announced the 207 athletes who will compete at the final 2023 Triple Crown of Rodeo (TCR) event, as the intense battle to be crowned a WCRA Triple Crown of Rodeo victor approaches a climactic end October 6-8 at Tryon International Equestrian Center & Resort.A first on multiple fronts, not only is Rodeo Carolin...

MILL SPRING, N.C. – Ahead of the WCRA’S (World Champions Rodeo Alliance) inaugural Rodeo Carolina in Mill Spring, North Carolina, the richest rodeo East of the Mississippi, the organization today announced the 207 athletes who will compete at the final 2023 Triple Crown of Rodeo (TCR) event, as the intense battle to be crowned a WCRA Triple Crown of Rodeo victor approaches a climactic end October 6-8 at Tryon International Equestrian Center & Resort.

A first on multiple fronts, not only is Rodeo Carolina a groundbreaking event in the Mid-Atlantic region, but it also marks the inaugural Western rodeo at Tryon International, a state-of-the-art venue built for the FEI World Equestrian Games. Rodeo Carolina will mark a merging of disciples like never before as some of the Western sport’s preeminent talents compete at the same facilities that have hosted Olympic contenders in show jumping, dressage, and more.

In a fiercely competitive season, one athlete has emerged victorious, winning two WCRA TCR events to become the chief contender for the $1 million bonus: saddle bronc rider Isaac Diaz (Desdemona, Texas). The annual TCR bonus will award $1 million to any athlete or group of athletes who win first in any three consecutive WCRA Major Rodeos. The most recent event for the Triple Crown of Rodeo was held in May 2023 in Corpus Christi, Texas.

Should Diaz, who has won consecutive Majors in December in Fort Worth, Texas, and in May in Corpus Christi, Texas, prevail at Rodeo Carolina, he would be crowned the second champion of the coveted WCRA Triple Crown of Rodeo, presented by Lazy E Ranch, winning the substantial $1 million bonus.

The Triple Round of Rodeo contender was the first WCRA Saddle Bronc Champion, winning during the organization’s first event, the Windy City Roundup in Chicago in 2019. The Texas Cowboy has more than $120,000 across WCRA competition.

Athletes who join Diaz as Triple Crown of Rodeo eligible are: Trisyn Kalawaia (steer wrestling), Mason Clements (bareback riding), Martha Angelone (team roping header), Riley Kittle (team roping header), Jackie Crawford (team roping heeling), Jace Helton (team roping heeling), Kelsie Domer (breakaway roping), Shad Mayfield (tie-down roping) and Cheyenne Wimberly (barrel racing). Each of these athletes will begin Rodeo Carolina with one WCRA Major victory.

Alongside the $1 million WCRA TCR bonus contenders, the field of more than 200 accomplished Western sports athletes will feature 39 competitors from the Carolinas. Below is the list of athletes from North and South Carolina set to compete at Rodeo Carolina:

ATHLETE CITY DISCIPLINE
Adam Plyler Pageland, SC Team Roping Heeler
Alex Jenks Cherryville, NC Bull Riding
Bailey Lloyd Cleveland, NC Breakaway Roping
Blake Walker Forest City, NC Steer Wrestling
Blake Walker Forest City, NC Team Roping Heeler
Caroline Bowen Harrells, NC Breakaway Roping
Cassie Fielden Olin, NC Breakaway Roping
Cliff Hammond Landrum, SC Tie-Down Roping
Cord Webb Marietta, SC Steer Wrestling
Corey Webb Piedmont, SC Steer Wrestling
Crystal Bishop Inman, SC Breakaway Roping
Cynch Whitesell Marietta, SC Tie-Down Roping
Emme Colvard Crumpler, NC Breakaway Roping
Grace Bryant Pendleton, SC Breakaway Roping
Grace Toberer Mount Ulla, NC Breakaway Roping
Heath King Leicester, NC Team Roping Header
Jacob Dagenhart Statesville, NC Team Roping Header
Jarred Linton Chesterfield, SC Team Roping Heeler
Jessi Kerlin Mooresville, NC Barrel Racing
Jill Johnson Seneca, SC Barrel Racing
Jini Justice Springfield, SC Breakaway Roping
Joe Cook Barnwell, SC Steer Wrestling
Kameron Merck Easley, SC Bareback Riding
Kolby Whitesell Marietta, SC Breakaway Roping
Kristin Yde Raleigh, NC Barrel Racing
Leah Hunter Greer, SC Breakaway Roping
Mandy Cook Barnwell, SC Barrel Racing
Matt Futrell Statesville, NC Team Roping Heeler
Matt Futrell Statesville, NC Tie-Down Roping
Michael Lane Angier, NC Bull Riding
Payton Bush Taylorsville, NC Barrel Racing
Rick Scruggs Campobello, SC Team Roping Heeler
Robbie Murdock Statesville, NC Tie-Down Roping
Taylor Digh Benson, NC Breakaway Roping
Taylor Earnhardt Putna Mooresville, SC Barrel Racing
Tori Murdock Statesville, NC Breakaway Roping
Tristin McClain Donalds, SC Saddle Bronc Riding
Will Rector Rock Hill, SC Team Roping Header
Wyatt Reid Rock Hill, SC Team Roping Header

The remaining roster includes 177 timed event athletes and 30 roughstock athletes who qualified by nominating their efforts on the WCRA VRQ leaderboard.

To view the complete roster, please click HERE.

Tryon International Equestrian Center & Resort is one of the most picturesque equestrian facilities in the country and is located within the Blue Ridge Foothills of Mill Spring, North Carolina. The year-round event venue features multi-discipline international and national equestrian competitions, live music, arts and entertainment, and holiday events.

With onsite shops, diverse dining options, and a robust entertainment calendar, non-equestrian visitors are equally marveled by the Tryon Resort experience.

Tryon International Equestrian Center and Resort spans 1,600 acres and boasts 13 competition arenas, 1,400 permanent stalls, and various restaurants, shops, and lodging options. A nearby sporting clay course completes the Tryon Resort family of brands at Cleghorn Gun Club and the Cleghorn Golf & Sports Club.

Tickets for Rodeo Carolina are on sale now and can be purchased online at tryon.com or etix.com or via the phone to PBR Customer Service at (800) 732-1727.

Since launching in May 2018, the WCRA and its partners have awarded more than $15.7 Million in new money to rodeo athletes. All rodeo athletes interested in learning more about the WCRA or the VRQ should be directed to wcrarodeo.com.

Photo courtesy of Bull Stock Media

© 2023 PBR Inc. All rights reserved.

Getting Answers: Pace Bridge Rd

MARIETTA, S.C. (FOX Carolina) - FOX Carolina is getting answers about your road concerns.This week, we are looking into a closed bridge that crosses over two Upstate counties.Pace Bridge Road runs between Pumpkintown and Marietta, bordering Northern Greenville and Pickens Counties.This bridge has been closed for six months and viewers tell us it’s causing headaches.Bo wrote in, “Small bridge has been out for months. I never see any activity or workers.”The Couth Carolina Department of Tran...

MARIETTA, S.C. (FOX Carolina) - FOX Carolina is getting answers about your road concerns.

This week, we are looking into a closed bridge that crosses over two Upstate counties.

Pace Bridge Road runs between Pumpkintown and Marietta, bordering Northern Greenville and Pickens Counties.

This bridge has been closed for six months and viewers tell us it’s causing headaches.

Bo wrote in, “Small bridge has been out for months. I never see any activity or workers.”

The Couth Carolina Department of Transportation said engineers closed bridge in April after finding problems during a routine inspection.

“Please hurry up and get it fixed,” neighbor, Judy Armstrong said.

“I had went up to Marietta and we come back and the road was closed and that’s been quite a while back and it’s still out,” Armstrong said.

The bridge runs over the Saluda River and takes drivers through a residential area and beside a busy Milliken Plant.

“They’re having to take the detour roads too and it’s just a skip hop and a jump, you know,” Armstrong said.

A detour reroutes drivers from one side of the bridge to the other. Armstrong, who lives on the road said this adds at least 15 to 20 minutes to her daily commute.

“Now we have to go the back roads and it’s a longer way and the roads are rough back through there. It’s just hard getting to places and I’m just used to it taking a few minutes getting there,” Armstrong said.

SCDOT said the bridge will be closed at least two years. Neighbors like Armstrong want it done sooner.

“I don’t understand why that should be. If it’s going to take that long, why close it? I mean, we didn’t see anything wrong with it, so why can’t we still use it for that two years,” Armstrong said.

SCDOT tells us the bridge is scheduled to be replaced, but construction is not set to begin until 2025.

We asked DOT why it is going to take this long to repair the bridge and we are still waiting on an answer.

Do you have a road or bridge concern? Submit it here.

Copyright 2023 WHNS. All rights reserved.

Slater-Marietta Fire Department breaks ground on new station

Project, years in the making, set for completion in 9 months Infinite Scroll Enabled GET LOCAL BREAKING NEWS ALERTSThe latest breaking updates, delivered straight to your email inbox.Your Email AddressPrivacy Notice GREENVILLE COUNTY, S.C. —The Slater-Marietta Fire Department is in the process of an expansion along Highway 11 in the northern part of Greenville Cou...

Project, years in the making, set for completion in 9 months

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GREENVILLE COUNTY, S.C. —

The Slater-Marietta Fire Department is in the process of an expansion along Highway 11 in the northern part of Greenville County.

Last week, leaders broke ground on the property near Pleasant Ridge County Park. In 9 months, the property will be a station with space for four response vehicles.

Right now, the department operates out of a small building in that area with only one response vehicle.

The idea to build the station was formed more than 10 years ago. But it wasn't possible until the community opted in 2021 for a referendum for a general obligation bond to fund it.

"That station will serve our northernmost part of our district and it will also be an asset to our neighboring departments, River Falls Fire Department, Glassy Mountain Fire Department (and) Tigerville Fire Department," said Slater-Marietta Chief Adam Brown.

Brown said the area is seeing residential growth. He also said that there has been a 200% increase in call volume over the last 10 years.

On top of that, Brown said, most calls in that area are handled by the headquarters location off Geer Highway.

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"It's about five miles from here so that's going to delay your response," he said. "The plan is to eventually be able to staff that station and provide a quicker response to the calls in that area and a better service to the community in the northernmost part of our district."

Greenville County Councilman Joe Dill said it's needed since growth is on the way in that area.

"Those people in that area will have good protection and if they'll man it and keep people there, this'll be great," said Dill.

Brown said the new station wouldn't be possible without the community supporting the referendum.

"Ultimately, they've supported us through this process, and we have a lot of work to do but we're making a lot of progress and we're really happy with progress and we look forward to continuing that," he said.

The referendum will also fund renovations to the headquarters station off Geer Highway.

Slater-Marietta to end fire protection services in River Falls by year's end. Here's why.

The Slater-Marietta Fire Department will no longer provide fire and rescue services to its neighboring River Falls Fire Service Area after Dec. 15, according to a news release from ...

The Slater-Marietta Fire Department will no longer provide fire and rescue services to its neighboring River Falls Fire Service Area after Dec. 15, according to a news release from Slater-Marietta Fire Chief Adam Brown.

Brown said the decision stemmed from a disproportionate amount of calls coming from River Calls combined with a lack of tax revenue creating a lack of funding in the area.

"The Slater-Marietta Fire District and its elected Commissioners owe their highest duty to the 10,000 citizens and residents of the Slater-Marietta Fire District," Brown wrote in his statement.

According to the release, a significant portion of funds paid by Slater-Marietta taxpayers were being diverted to calls for service coming from River Falls.

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"We're essentially robbing Peter to pay Paul," Brown told the Greenville News.

Much of the land in the River Falls Fire Service Area is owned by non-taxable entities, according to Brown's release, diminishing revenue for the River Falls Fire Service Area.

Brown said River Falls has its own fire department with two fire stations, but there just is not enough funding for the department to be self-sufficient.

"They're doing the best they can with what they have," Brown said of River Falls firefighters. "The issue is not personnel, it’s a lack of funding."

Bob Mihalic, a spokesperson for Greenville County, said the county is exploring many different options for funding the River Falls Fire Service Area.

- Tim Carlin covers county government, growth and development for The Greenville News. Follow him on Twitter @timcarlin_, and get in touch with him at TCarlin@gannett.com. You can support his work by subscribing to The Greenville News at greenvillenews.com/subscribe.

Marietta Manners: Friends team to spread Thanksgiving kindness through Slater-Marietta community

SLATER-MARIETTA, S.C. —Two friends have enrolled in an online effort to help give back to the Slater-Marietta community.Jeremy Reyes created the Marietta Manners Facebook page about a year-and-a-half ago. He said its goal is to help raise awareness to community needs and provide a platform for local businesses."This little town, we’re forgotten a lot," said Reyes. "And there wasn&rsqu...

SLATER-MARIETTA, S.C. —

Two friends have enrolled in an online effort to help give back to the Slater-Marietta community.

Jeremy Reyes created the Marietta Manners Facebook page about a year-and-a-half ago. He said its goal is to help raise awareness to community needs and provide a platform for local businesses.

"This little town, we’re forgotten a lot," said Reyes. "And there wasn’t too many places that you could go to find that. So when we started doing it, it just made sense."

Timothy Sprouse was a member of the group early on. He and Jeremy now work closely together to grow the page.

"I kind of stepped in. I was like, 'hey, you need to do this or you need to do that,'" Sprouse recalled. "And (Reyes) was like, 'well, if you want it so bad, come help me.' So that’s what I did. I kind of helped him gain the page to what it is now."

Now with more than 4,000 members, the two use posts to gauge community needs, often setting up events to help people who could use food.

"This morning there were 10 people on there saying, 'I need this, and I need that,'" said Sprouse. "Not because they asked for it. It’s because we ask, 'If y’all could ever have anything that you need right now, what would it be?' You know?"

Last year, they decided to give away about 300 meals the weekend before Thanksgiving. Much of the food was donated.

The two are hoping to serve 600 people this year. Already, there have been no shortages of donations.

They said they're happy with how the page helps connect people and that it adds to an existing sense of community.

"That’s what shows on our page," said Sprouse. "People see other people helping and they wanna do it too."

"The biggest reward is just seeing people come out, having a good time and they talk about it for weeks afterwards," said Reyes.

This year's Thanksgiving meal will be held in the parking lot of the Hometown Food Store off Geer Highway in Marietta. It will start at noon.

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