Probate Lawyer in Mayo, 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 Mayo, 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 Mayo, 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 Mayo, SC
Probate Lawyer Mayo, 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 Mayo, 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 Mayo, 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 Mayo, 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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phone-number 843-936-6680

Latest News in Mayo, SC

South Carolina coach Shane Beamer gets mayonnaise dumped on his head after Duke's Mayo Bowl win

The new college football tradition of dumping food on top of a winning coach after a bowl game now includes mayonnaise.South Carolina coach Shane Beamer was the recipient of a mayo bath after the Gamecocks beat North Carolina 38-21 in the Duke's Mayo Bowl. Here's how the gross scene unfolded.MAYO BATH ...

The new college football tradition of dumping food on top of a winning coach after a bowl game now includes mayonnaise.

South Carolina coach Shane Beamer was the recipient of a mayo bath after the Gamecocks beat North Carolina 38-21 in the Duke's Mayo Bowl. Here's how the gross scene unfolded.

MAYO BATH pic.twitter.com/vK1fn9YzFQ

— Yahoo Sports College Football (@YahooSportsCFB) December 30, 2021

You can click here if you want to watch it in super slow motion. The mayo bath joins french fries, Cheez-Its and Frosted Flakes among the foods coaches have been hit with in recent seasons. Clemson coach Dabo Swinney got a Cheez-It bath on Wednesday night after the Tigers beat Iowa State in the Cheez-It Bowl.

Both Beamer and North Carolina coach Mack Brown agreed ahead of time to get doused with mayo if their team won the game. Duke's agreed to donate $10,000 to charity if the winning coach would agree to a mayo bath.

The mayo bath was teased before the 2020 edition of the game but didn't materialize. Duke's took over as the presenting sponsor of the game formerly known as the Belk Bowl after the 2019 season.

South Carolina took a 15-0 lead early in the game on two long TD passes. The Gamecocks then thrashed North Carolina on the ground. South Carolina rushed for 301 yards on 51 carries and had 543 total yards.

UNC QB Sam Howell was 12-of-20 passing for 205 yards and a TD. Howell is widely expected to be one of the first QBs taken in the 2022 NFL draft and a potential first-round pick. But UNC’s 2021 was a disappointment as the Tar Heels finish 6-7. Howell had to carry the offense himself after running backs Javonte Williams and Michael Carter entered the 2021 NFL draft along with wide receivers Dyami Brown and Dazz Newsome.

South Carolina finishes 2021 at an overachieving 7-6 in Beamer's first season. The former Oklahoma assistant and son of former Virginia Tech coach Frank Beamer figured to have a lengthy rebuild ahead in Columbia but the Gamecocks beat both Florida and Auburn in November on the way to a winning season.

Coach Beamer gets mayonnaise bath as South Carolina wins Mayo Bowl

CHARLOTTE — South Carolina coach Shane Beamer anticipated getting a bucket of mayonnaise dumped over his head would be awful.And yet, it was worse than he could have imagined.Beamer got hit in the back of the head by the cooler before 4 1/2 gallons of mayo cascaded over his face and down his shirt, capping the Gamecocks’ celebration after their 38-21 victory over North Carolina in the Duke’s Mayo Bowl on ...

CHARLOTTE — South Carolina coach Shane Beamer anticipated getting a bucket of mayonnaise dumped over his head would be awful.

And yet, it was worse than he could have imagined.

Beamer got hit in the back of the head by the cooler before 4 1/2 gallons of mayo cascaded over his face and down his shirt, capping the Gamecocks’ celebration after their 38-21 victory over North Carolina in the Duke’s Mayo Bowl on Thursday.

ALSO READ: ACC Championship brings excitement to small business owners as thousands flock to Charlotte

“I got hammered in the back of the head from the cooler — and then came the mayo,” Beamer said. “I may have a concussion. It was awful.”

ALSO READ: Panthers RB Christian McCaffrey to miss rest of season due to ankle injury

He changed his shirt for the postgame news conference, but joked, “I still have mayo in my pockets.”

But, for Beamer, it was all worth it to cap the season with a bowl win.

Jaheim Bell had five catches for 159 yards and two touchdowns for South Carolina (7-6), which rebounded nicely after it lost 30-0 to Clemson in its regular-season finale on Nov. 27. Kevin Harris added 169 yards rushing and a score.

Bell, a sophomore tight end, got free for a 69-yard touchdown reception from converted wide receiver Dakereon Joyner and hauled in a 66-yard TD catch from former graduate assistant coach Zeb Noland on South Carolina’s first two possessions. Juju McDowell added a 35-yard TD run in the second quarter as South Carolina averaged 11.6 yards per play while opening a 25-13 halftime lead.

“Everyone on offense was locked in and keyed into the details,” Bell said.

Sam Howell threw for 205 yards and a touchdown, and reserve running back British Brooks had a bowl record 63-yard touchdown run for the Tar Heels (6-7).

The Associated Press contributed to this report.

(WATCH BELOW: Cash will not be accepted at Super Bowl this year)

Beamer gets mayonnaise shower as South Carolina wins Duke's Mayo Bowl

CHARLOTTE, N.C. (AP) — South Carolina coach Shane Beamer had a bucket of mayonnaise dumped over his head Thursday, putting a memorable and messy finish on the Gamecocks' 38-21 victory over North Carolina in the Duke's Mayo Bowl.Jaheim Bell had five catches for 159 yards and two touchdowns for South Carolina (7-6), which rebounded nicely after it lost 30-0 to Clemson in its regular-season finale on Nov. 27. Kevin Harris added 169 yards rushing and a score, helping secure the mayo bath for Beamer.Bell came into the game wit...

CHARLOTTE, N.C. (AP) — South Carolina coach Shane Beamer had a bucket of mayonnaise dumped over his head Thursday, putting a memorable and messy finish on the Gamecocks' 38-21 victory over North Carolina in the Duke's Mayo Bowl.

Jaheim Bell had five catches for 159 yards and two touchdowns for South Carolina (7-6), which rebounded nicely after it lost 30-0 to Clemson in its regular-season finale on Nov. 27. Kevin Harris added 169 yards rushing and a score, helping secure the mayo bath for Beamer.

Bell came into the game with 338 yards receiving and three TDs during the regular season, but figured prominently into the game plan early on.

The sophomore tight end got free for a 69-yard touchdown reception from wide receiver-turned-quarterback Dakereon Joyner and hauled in a 66-yard TD catch from former graduate assistant coach Zeb Noland on South Carolina's first two possessions.

Juju McDowell added a 35-yard TD run in the second quarter as South Carolina averaged 11.6 yards per play while opening a 25-13 lead in the first half.

Sam Howell threw for 205 yards and a touchdown for the Tar Heels (6-7), and reserve running back British Brooks had a bowl record 63-yard touchdown run for the Tar Heels.

South Carolina rotated Joyner and Noland under center, and both were effective.

Joyner came into the game having attempted only one pass this season and 31 in his college career.

But the element of surprise proved effective on the Gamecocks' first possession, when Joyner hit the 6-foot-3, 232-pound Bell in stride down the middle of the field.

Joyner finished 9-of-9 passing for 160 yards and also ran for 64 yards. Noland was 3-of-6 passing for 82 yards as the Gamecocks went nearly three quarters before their first incomplete pass.

Howell, a projected first-round pick in the NFL draft, made several impressive throws with his strong, accurate arm. But the junior quarterback spent most of the game under heavy duress playing behind an offensive line that struggled most of the season.

The Tar Heels cut the lead to 11 midway through the third quarter on a double-reverse flea flicker, with Howell finding a wide-open Garrett Walston for a 37-yard touchdown.

But South's Carolina's offense proved too much for a porous North Carolina defense as the Gamecocks racked up 543 yards on offense.

THE TAKEAWAY

South Carolina: The Gamecocks posted wins over Florida and Auburn this season in what was expected to be down season and now added a bowl win to the resume. Winning seven games was an encouraging sign that Beamer may finally have this once-proud program headed in the right direction. This is the first time since 2018 the Gamecocks have finished the season with a winning record.

North Carolina: The Tar Heels started the season ranked 10th in the country and finished the year with a losing record, so it's hard to describe this season as anything but a major disappointment. The defense needs major improvements and offensive line is in need of upgrades as well.

UP NEXT

South Carolina: There is plenty of excitement about the program moving forward. A lot of that has to do with former Oklahoma quarterback Spencer Rattler's decision to transfer to South Carolina.

North Carolina: With Howell expected to move on to the NFL, the Tar Heels will look to either Jacolby Criswell or Drake Maye to inherit the quarterback spot. Maye is a native of nearby Huntersville, North Carolina, and the younger brother of former UNC basketball star Luke Maye.

Duke’s Mayo Classic: Where to park & what time gates open at BoA Stadium

READ MOREThe North Carolina Tar Heels and the South Carolina Gamecocks are facing off on the football field for the Duke’s Mayo Classic. While it is a big game for both teams, it encompasses so much more than just football. Here’s what this border battle means for both states, each team and the City of Charlotte.Expand AllThe University of North Carolina faces off against the University of South Carolina in Charlotte next week for the ...

READ MORE

The North Carolina Tar Heels and the South Carolina Gamecocks are facing off on the football field for the Duke’s Mayo Classic. While it is a big game for both teams, it encompasses so much more than just football. Here’s what this border battle means for both states, each team and the City of Charlotte.

Expand All

The University of North Carolina faces off against the University of South Carolina in Charlotte next week for the Duke’s Mayo Classic, a game featured for ESPN College GameDay.

he two teams will meet on the fields of Bank of America Stadium, drawing thousands of Tar Heel and Gamecock fans from across the region.

Kickoff is set for 7:30 p.m., but fans will likely be out at the stadium hours before on game day.

Whether you’re planning to drive to the game or planning to get dropped off, here’s everything you need to know about getting to and from the stadium — and what time to get there.

Kickoff begins at 7:30 p.m. but gates at the stadium will be open at 5:30 p.m. for fans to take their seats.

While the game doesn’t begin until the evening, there will be several other activities and events all day near the stadium, including live music, food trucks and more.

There are more than 30,000 parking spaces within a 10-15 minute walk of Bank of America Stadium.

Officials encourage those going to the game to use Charlotte Area Transit System, including buses, the LYNX light rail service and the CityLYNX streetcar line.

If you want to take public transportation, the LYNX Blue Line offers light-rail service between uptown Charlotte and I-485 at South Boulevard with stops at the Carson, Stonewall and Convention Center stations that are close to the stadium.

Tickets can be purchased at a Ticket Vending Machine at each station platform or online through the CATS-Pass mobile app.

This story was originally published August 28, 2023, 9:30 AM.

Buyout firm has an appetite for SC’s Duke’s, wants to hold the mayo

For all its perishable qualities, a sandwich topping born and bred in South Carolina has had a remarkably long shelf life.Now, Duke’s Mayonnaise is about to be folded into a Charlotte investment firm co-founded by a Palmetto State native, marking only the second ownership change for the creamy condiment in more than a century.In a deal announced this month, the Southern staple is being sol...

For all its perishable qualities, a sandwich topping born and bred in South Carolina has had a remarkably long shelf life.

Now, Duke’s Mayonnaise is about to be folded into a Charlotte investment firm co-founded by a Palmetto State native, marking only the second ownership change for the creamy condiment in more than a century.

In a deal announced this month, the Southern staple is being sold along with the other packaged-food brands in The C.F. Sauer Co. cupboard. The buyer is Falfurrias Capital Partners. Financial terms were not disclosed.

It’s no short-term flip for the privately held seller, which has been hawking extracts, spices and other tasty food additives since 1887. Sauer snapped up Duke’s 90 years ago from its creator, an entrepreneurial Upstate woman who turned a home recipe into a thriving commercial enterprise that’s still going strong.

Eugenia Duke hatched her namesake brand in her Greenville kitchen. A Georgia native, she moved to the South Carolina Upstate around 1910, after her husband took a new job with Southern Power Co.

The Greenville area was a humming industrial hotbed at that time, fueled by the region’s then-thriving textile mills. It also happened to be home to a National Guard camp where new recruits were sent to prepare them to fight in World War I.

“Noting the hardworking, hungry soldiers-in-training, Eugenia Duke began selling sandwiches slathered with her homemade mayonnaise starting in 1917,” according to the company’s online history.

Word soon spread. Duke invested in a delivery truck, and she expanded her startup food-service venture beyond the military base.

Locals began asking where they could buy the tangy mix she was adding to chopped eggs, diced chicken and pimiento cheese. On the advice of her top salesman, Duke spun off the sandwich operation — it, too, is still around — and she focused on distributing her concoction as a standalone product.

She started promoting the jarred spread in Charleston in February 1922, always stressing its home-made qualities, according to digitized newspaper archives. That same month, her company organized an early version of a modern-day Costco sampling by holding a “special demonstration” at a Cash and Carry Store on King Street. A 32-ounce container was priced at 35 cents.

Apparently, she was a hands-on boss.

“Mrs. Duke personally directs the preparation of her mayonnaise in her factory in Greenville, S.C., just as she did before it had gained such fame in the Carolinas and now throughout the entire South,” according to an early advertisement.

The demands of the business eventually wore on its founder. Duke sold out in 1929 to another family-owned food purveyor. C.F. Sauer “was happy to take over and continue spreading Duke’s across the United States,” the Richmond, Va.-based company said on its website.

The new ownership followed through, continuing to market the South Carolina brand and grow the distribution area, which now extends to retail stores from Pennsylvania to Florida to Texas to Missouri.

It also has invested in the Greenville plant and added complementary items to the Duke’s lineup, including light versions of the flagship product, a tartar sauce and a relish.

Now, it’s Sauer’s turn to sell after a 132-year run. It recently struck a deal with Falfurrias Capital, which was co-founded by former NationsBank and Bank of America CEO Hugh McColl. The Bennettsville native is chairman emeritus of the Charlotte buyout shop, which previously owned Bojangles’ and recently added Charleston’s Duvall Catering & Events to its food portfolio.

Falfurrias Capital called Sauer “a proven performer in a durable growth market, and we see great potential to accelerate growth and provide new opportunities for employees throughout the company.”

At the same time, both buyer and seller sought to reassure fans of Eugenia Duke’s enduring and emulsified mix of eggs, oil and vinegar. They vowed that the recipe “will not change — the new owners grew up on Duke’s and are loyal fans, too.”

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