Probate Lawyer in Mauldin, 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 Mauldin, 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 Mauldin, 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 Mauldin, SC
Probate Lawyer Mauldin, 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 Mauldin, 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 Mauldin, 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 Mauldin, 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 Mauldin, SC

Work continues on plans for new sports stadium in Mauldin

MAULDIN, S.C. (FOX Carolina) - The idea of building a new multi-purpose sports stadium in Mauldin continues.It’s been nearly a year and a half since the proposal was initially set back by the Greenville County Finance Committee.“This stadium would be a complete game changer for the upper part of South Carolina,” said Mauldin Mayor Terry Merritt.Plans for the stadium, which would hold between 8,000-10,000 people and host around 150 events a year, including Triumph and Liberty soccer games, were introduce...

MAULDIN, S.C. (FOX Carolina) - The idea of building a new multi-purpose sports stadium in Mauldin continues.

It’s been nearly a year and a half since the proposal was initially set back by the Greenville County Finance Committee.

“This stadium would be a complete game changer for the upper part of South Carolina,” said Mauldin Mayor Terry Merritt.

Plans for the stadium, which would hold between 8,000-10,000 people and host around 150 events a year, including Triumph and Liberty soccer games, were introduced in early 2022. The price tag is $38.6 million.

“This is a complicated project because it’s got five different entities involved and bringing them up to speed and knowing what the players want and what could be,” said Merritt.

In 2022, Greenville County Council Finance Committee voted against letting the county administrator negotiate on the project. The new county council later voted to authorize those discussions.

But Chair of the Finance Committee Butch Kirven says there are no active discussions about the stadium by the county council.

“We agree it would be a very nice project, a wonderful project, a regional project, good for Mauldin. The location is good, a lot of development going on over there. But something would have to change,” he said.

Some funding is falling into place. In the state budget, $4 million would be sent to Mauldin for the stadium.

“We have the involvement of the state, and then we’ll take that and continue trying to run with it and explain it to our county council, which has their plate extremely full right now,” said Merritt.

Kirven says while the county isn’t in a place to put money into the project right now, it could help in other ways.

“We’re certainly always willing to listen and discuss those and see if they make sense for the county,” he said.

“We’re ready. City of Mauldin is ready. Just tell us,” added Merritt.

The money from the state budget is pending Gov. McMaster’s signature.

Merritt says having the county involved in the project as it is proposed is “critical”.

Copyright 2023 WHNS. All rights reserved.

First tenant opens at BridgeWay Station in Mauldin

The first tenant has opened at BridgeWay Station, the mixed-use development visible from Interstate 385 in Mauldin.Hughes Investments Inc., the developer of the project, has revealed that The Worx at BridgeWay Station is now open.The Worx is a membership based co-working community that offers a functional and practical environment tailored for freelancers, entrepreneurs, small businesses, and hybrid workers, according to a news release....

The first tenant has opened at BridgeWay Station, the mixed-use development visible from Interstate 385 in Mauldin.

Hughes Investments Inc., the developer of the project, has revealed that The Worx at BridgeWay Station is now open.

The Worx is a membership based co-working community that offers a functional and practical environment tailored for freelancers, entrepreneurs, small businesses, and hybrid workers, according to a news release.

The Worx features four private offices, communal working spaces, conference rooms, and an onsite kitchenette. The co-working space offers a variety of plans for individuals or small businesses, including memberships for Designated Offices, Private Offices, Hot Desks, Day passes, and Business Addresses.

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“At BridgeWay, we’re building a community,” said Phil Hughes, owner and president of Hughes Investments Inc., said in the release. “The Worx is part of our well-rounded list of tenants that will cater to the residents and community in different ways, serving a multitude of desires and needs.”

The co-working space occupies approximately 2,000 square feet of ground floor retail space adjacent to the residential lobby of the Avvio apartments, the release stated. Designated office memberships allow for private key access and the option to leave belongings in a secured area 24/7. The Worx is managed by Hughes Investments, Inc. and will offer memberships to both residents of BridgeWay Station and non-residents.

The Worx at BridgeWay Station will be accompanied by other committed tenants that are outfitting their retail and restaurant spaces, including El Guapo, Le Chic Nails Lounge, Belladina’s Italian Market, The Junkyard, Plum: A Lifestyle Boutique, Yogi’s Cups and Cones, Cocobowlz, City Market at BridgeWay Station, BridgeWay Brewery, Old Europe Desserts, Stella’s Restaurant Group, Rocco and The Plank by Dine Development Group, and Table 301, according to the release.

These retailers will be incorporated into the project alongside previously announced office and institutional users, including Dodge Bearings and Power Transmission, GREEN Charter Upstate High School, Jackson Marketing, Motorsports & Events, and Spectrum, the release stated.

Internet Artist Labels South Carolina Bridge "Harambe Memorial"

The internet in 2016 seemed like a simpler place. Attentions were far less stratified than they are today, and there were more world-spanning events that seemed to enter the zeitgeist beyond the terminally online. One of those events was the tragic death of Harambe the western lowland gorilla. The internet took the gorilla’s shooting (after a three-year-old boy fell into the gorilla enclosure) ...

The internet in 2016 seemed like a simpler place. Attentions were far less stratified than they are today, and there were more world-spanning events that seemed to enter the zeitgeist beyond the terminally online. One of those events was the tragic death of Harambe the western lowland gorilla. The internet took the gorilla’s shooting (after a three-year-old boy fell into the gorilla enclosure) and ran with it, posting countless memes and tributes. To this day, people are still proverbially pouring one out for the downed homie.

City to change ‘Harambe Memorial Bridge’ after rogue Google Maps update

After the city of Mauldin, South Carolina announced a vote to name its newest interstate pedestrian bridge crossing I-385, predictably with the most milquetoast name choices possible, one terminally online person took it upon themselves to name the bridge themselves, according to Fox Carolina. Using Google Maps, the anonymous actor gave the bridge its temporary name, The Harambe Memorial Bridge. As part of the performance art piece, a small memorial was set up on the bridge, featuring a small stuffed gorilla, a can of Pabst Blue Ribbon, and a cigarette.

The city was considering such names as Mauldin SkyWay, Mauldin Archway, Mauldin Highway Overpass, Mauldin Gateway Bridge, and Mauldin’s Palmetto Pathway. I’d never heard of Mauldin before the Harambe Memorial Bridge, and because the city wants to be boring, it wants to wipe the name from the bridge to replace it with its own name. This is the problem with local government, it’s never leaning in to doing anything fun. I’m sure just for the joke of it, the city Chamber of Commerce could have gotten some tourism out of this bridge.

You can see the bridge right here on Google Maps. After the buzz around the meme-orial this weekend, the city petitioned Google Maps to remove the name, and has made the bridge impossible to search. It still shows up in Mauldin, South Carolina, but will not allow directions to the landmark any longer. The bridge is nearly officially complete, and an edit request will go to Google after the official name for the bridge is decided upon today.

Progress continues at Mauldin’s Maverick Yards

MAULDIN, S.C. (WSPA) – The city of Mauldin is working with builders on a mixed-use development to create new townhomes, dining, entertainment, and extended access on the Swamp Rabbit Trail.Driving near Jenkins Street, the area is cleared out, making room for new growth.“What you’re seeing today was our old public works facility that we will be putting about 40 to 42 townhomes on. And then behind me, Drew Parker is developing what we are calling the Pickle Yard,” said Mayor Terry Merritt.Merritt ha...

MAULDIN, S.C. (WSPA) – The city of Mauldin is working with builders on a mixed-use development to create new townhomes, dining, entertainment, and extended access on the Swamp Rabbit Trail.

Driving near Jenkins Street, the area is cleared out, making room for new growth.

“What you’re seeing today was our old public works facility that we will be putting about 40 to 42 townhomes on. And then behind me, Drew Parker is developing what we are calling the Pickle Yard,” said Mayor Terry Merritt.

Merritt has been a longtime resident of the city.

“I’ve been here all my life,” said Merritt. “It’s a good, safe community with recreation, everything we need right in our core.”

On Friday, he showed 7NEWS around the site of the now-demolished public works facility that is home of two new developments.

“We’re putting in four indoor pickleball courts, four pocket restaurants, outdoor entertainment amenities. We will underground the storm water runoff and we’ll put a parking lot on top of it,” said Merritt.

The Parker Group is working with the city to redevelop a 20,000-square-foot industrial warehouse into the future Pickle Yard. It will feature six pickleball courts, restaurants with outdoor seating, a stage for live performances, fire pits, and a beer garden.

The city said it also plans to expand access in that area to the Swamp Rabbit Trail.

“If you study and see the demographics of the demand, we didn’t have it. So it’s exciting for the last ten or twelve years that the councils have seen the vision and know that we’ve got to have a place for the young ones coming,” said Merritt.

Right next door, Longbranch Development is in the beginning phases of constructing more than 40 townhomes. It’s an effort, the city said, to accommodate the area’s growth.

“An old quote from one of our old city administrators: ‘We are a bona fide city and we are growing, and we’re excited about it,'” Merritt added with a smile.

Located on a portion of 6.5 acres of land at the corner of Jenkins Street and Jenkins Court, the city said the Maverick Yards projects kicks off the long-awaited City Center Village.

It’s a part of the city’s goal to create a livable, walkable downtown.

Both the Parker Group’s Pickle Yard project and Longbranch’s new living complex are expected to be complete by the end of 2024.

Mayor Merritt added that Maverick Yards will be a great compliment to the recently completed Maverick Station and BridgeWay Station, which is expected to open its first phase this fall.

Mauldin redefines downtown: Innovative policies foster new ideas about what makes community

For most growing cities and towns, not having a traditional downtown might prove a handicap, but for Mauldin that lack has turned into opportunity.Through forward-looking zoning and land-use policies, the city’s leaders are reimagining what defines community and are using the generational shift in what people want from where they live, work and play to attract a series of marquee projects that have put Mauldin in the vanguard of the Upstate’s most desirable places to be.The challenges of growth...

For most growing cities and towns, not having a traditional downtown might prove a handicap, but for Mauldin that lack has turned into opportunity.

Through forward-looking zoning and land-use policies, the city’s leaders are reimagining what defines community and are using the generational shift in what people want from where they live, work and play to attract a series of marquee projects that have put Mauldin in the vanguard of the Upstate’s most desirable places to be.

The challenges of growth

Like every municipality in Greenville County, Mauldin is absorbing a historic influx of new residents and the businesses needed to serve them. According to Community Development Director J.R. Charles, this poses both challenges and opportunities.

With the county expected to attract as many as 250,000 new residents in the next decade, Charles says one of the biggest challenges is developing the housing needed to accommodate so many people.

“We’re going to have to have housing for every demographic,” he says.

Developers and homebuilders are bringing new projects online in record numbers to meet demand, according to David Dyrhaug, Mauldin director of business and development services.

“We’re in the midst of seeing more homes being built in Mauldin than probably at any one time ever before,” he says.

“We’re in the midst of seeing more homes being built in Mauldin than probably at any one time ever before.” – David Dyrhaug

To illustrate the jump in activity, Dyrhaug says the city averaged about 2,000 building inspections a year in 2017, while 2022 saw more than 18,000 inspections.

Many of those new projects reflect a generational shift in the types of homes people are looking for, according to Seth Duncan, Mauldin’s city administrator.

Townhomes and small lots are increasingly prevalent as both retirees and young families seek housing with fewer maintenance demands. Duncan says the trend is driving a shift to build “up, not out.”

That trend toward more density and the accompanying shift in where people want to spend their time — not at home but out on trails and in parks or enjoying restaurants, shops and entertainment venues such density supports — is the driving force behind such major Mauldin projects as BridgeWay Station, Maverick Station and City Center Village, Duncan says.

“We’re going to be very quickly a city that didn’t have any downtown to having three specific, unique little communities,” he says.

The urban village

That outcome was no accident.

Recognizing growth patterns and how not having a traditional downtown to act as a development magnet might be a handicap, Mauldin’s leaders created a new zoning district — the urban village.

Duncan says the reality is Mauldin is in a competitive market that is striving to attract residents and businesses that have a range of options when coming to the Upstate.

Recognizing that, the city is using form-based zoning like the urban-village district to attract the kinds of projects people want, and no other project in the city represents that approach better, at least in terms of scale, than BridgeWay Station.

The project is being built by Greenville developer Phil Hughes, founder of Hughes Investments.

The 40-acre development adjacent to Interstate 385 is rapidly taking shape as a purpose-built town center incorporating a range of residential, retail and restaurant, office, and entertainment options meant to be a self-contained community that will be a regional destination.

Hughes says while “vision” is an evocative word to describe the Italianate, old-world design behind the project, the real driving force for BridgeWay Station is practical.

“We just try to give people what we think they want,” he says. “It’s really about that simple.”

But that “simple” aim is based on two extremely pertinent observations: Urban centers offer a concentration of attractions people find appealing, and suburban areas generally offer more space and proximity to a lot more people.

“We’re trying to put the best of downtown with the best of the suburbs,” says Hughes.

In the same vein but on a smaller scale are two other Mauldin projects, City Center Village, and within that, Maverick Station. Both are being developed by The Parker Group and, like BridgeWay Station, are designed to be destinations in and of themselves. The mixed-use projects combine residential, retail and entertainment options that are expected to become popular community hubs.

Drew Parker says the City Center project was a chance to address Mauldin’s lack of a traditional downtown, and he and his team were intrigued by both the opportunities and challenges of placemaking.

“It struck me as the perfect place to build community,” Parker says.

Phase I of the project is complete with the development of Maverick Station, which offers office and restaurant options, including Sully’s Steamers and Bohemian Bull. Phase II will begin later this summer and involve construction of townhomes and a communal space known as Maverick Yards, within which will be a collection of pickleball courts known as The Pickle Yard.

Parker says he envisions the projects will serve as a catalyst for further development that will see City Center Village become a true community hub.

“My goal with this is to kick things off,” he says. “My hope is other developers will see the value of Mauldin and the community we’re creating.”

Here’s a rundown of some of Mauldin’s most recent and significant developments aimed at meeting a mix of needs:

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