Probate Lawyer in Moore, 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 Moore, 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 Moore, 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 Moore, SC
Probate Lawyer Moore, 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 Moore, 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 Moore, 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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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 Moore, 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 Moore, SC

Dr. Kim Moore named as new Richland Two Superintendent

Moore had previously been serving in the Pasco County, FL school district.COLUMBIA, S.C. — Richland School District Two has hired Dr. Kim Moore to be its new superintendent after a months long search.The school board announced their decision Tuesday night, voting 6-1 in favor of her nomination, with Board Chair Linda Agostini being the only no vote. Agostini objected to some of the process in making the selection, not against Moore herself.Moo...

Moore had previously been serving in the Pasco County, FL school district.

COLUMBIA, S.C. — Richland School District Two has hired Dr. Kim Moore to be its new superintendent after a months long search.

The school board announced their decision Tuesday night, voting 6-1 in favor of her nomination, with Board Chair Linda Agostini being the only no vote. Agostini objected to some of the process in making the selection, not against Moore herself.

Moore had previously been serving as Assistant Superintendent of Career and Innovative Programs in the Pasco County School District of Florida.

"I walk the talk that I talk," Moore said in comments shortly after the announcement was made. "We are committed to one thing and one thing only: and that is to provide the best educational experience to each and every child that we have the privilege to educate.

Dr. Moore and two others--Dr. Nia Campbell and Dr. Benjamin Henry--were named as finalists earlier this month. They were in town this week for interviews with administrators, teachers, parents, students, and community members.

Officials said the national search resulted in 39 applicants from 20 states aspiring to lead the fifth-largest school district in South Carolina.

Moore takes over for a district that has been without a superintendent since January, when former superintendent Dr. Baron Davis and the school board agreed to part ways. Nancy Gregory has been serving as the interim since then.

Here's biographical information about Moore provided by the district:

Dr. Kim Moore

Dr. Kim Moore is the Assistant Superintendent of Career and Innovative Programs in the Pasco County School District of Florida, leading their workforce development programs, PreK-12 STEM/STEAM schools, and technical college.

Moore is a retired U.S. Army Chemical Corps Officer, Adjunct Faculty Member for Nova Southeastern University, and Executive Director for Maxwell Leadership.

Moore says she is passionate about leadership and education, and her philosophy is to lead by example.

During Moore’s military career, she served in numerous leadership positions, specializing in Nuclear, Biological, Chemical (NBC) Weapons, and Weapons of Mass Destruction (WMD). Her last assignment was at The Pentagon as Assistant for Negotiations, Office of the Secretary of Defense, Department of the Army.

Supreme Court hears tax case on ‘income’: It may ‘have the biggest fiscal policy effects of any court decision,’ expert says

People exit the Supreme Court building in Washington, D.C. on Tuesday, June 27, 2023.Minh Connors | The Washington Post | Getty ImagesThe Supreme Court is set to hear oral arguments Tuesday on a case that could affect broad swaths of the U.S. tax code and federal revenue.The closely watched case, ...

People exit the Supreme Court building in Washington, D.C. on Tuesday, June 27, 2023.

Minh Connors | The Washington Post | Getty Images

The Supreme Court is set to hear oral arguments Tuesday on a case that could affect broad swaths of the U.S. tax code and federal revenue.

The closely watched case, Moore v. United States, involves a Washington couple, Charles and Kathleen Moore. They own a controlling interest in a profitable foreign company affected by a tax enacted via former President Donald Trump’s 2017 tax overhaul.

The Moores are fighting a levy on company earnings that weren’t distributed to them — which challenges the definition of income — and could have sweeping effects on the U.S. tax code, according to experts.

“This could have the biggest fiscal policy effects of any court decision in the modern era,” said Matt Gardner, a senior fellow at the Institute on Taxation and Economic Policy, who co-authored a report on the case.

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The case challenges a levy, known as “deemed repatriation,” enacted via the 2017 Tax Cuts and Jobs Act. Designed as a transition tax, the legislation required a one-time levy on earnings and profits accumulated in foreign entities after 1986.

While the 16th Amendment outlines the legal definition of income, the Moore case questions whether individuals must “realize” or receive profits before incurring taxes. It’s an issue that has been raised during past federal “billionaire tax” debates and could affect future proposals, including wealth taxes.

Former House Speaker Paul Ryan, who helped draft the Tax Cuts and Jobs Act, said at a Brookings Institution event in September that the goal was to “finance a conversion from one system to another, and it wasn’t to justify a wealth tax.”

Ryan, who doesn’t support a wealth tax, said using the Moores’ argument to block one would require getting rid of “a third of the tax code.”

Pass-through businesses could be affected

Depending on how the court decides this case, there could be either small ripples or a major effect on the tax code, according to Daniel Bunn, president and CEO of the Tax Foundation, who has written about the topic.

If the court decides the Moores incurred a tax on unrealized income and says the levy is unconstitutional, it could affect the future taxation of so-called pass-through entities, such as partnerships, limited liability corporations and S corporations, he said.

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“You’ve got to pay attention to the way the rules are going to impact your business, especially if you’re doing things in a cross-border context,” Bunn said.

There’s also the potential for a “substantial impact” on federal revenue, which could influence future tax policy, Bunn said. If deemed repatriation were fully struck down for corporate and noncorporate taxpayers, the Tax Foundation estimates federal revenue would be reduced by $346 billion over the next decade.

However, with a decision not expected until 2024, it’s difficult to predict how the Supreme Court may rule on this case. “There’s a lot of uncertainty about the scope of this thing,” Gardner added.

Don’t miss these stories from CNBC PRO:

The women’s scoring record belongs to Pearl Moore. Caitlin Clark is unlikely to reach it this year

FLORENCE, S.C. (AP) — Long before Iowa star Caitlin Clark hit her first long-range three or signed her first autograph, Pearl Moore set a scoring standard for women’s basketball that has stood for 45 years.The soft-spoken woman from South Carolina led her team at Francis Marion to the postseason four years in a row, averaging more than 30 points every season. The 5-foot-7 guard once s...

FLORENCE, S.C. (AP) — Long before Iowa star Caitlin Clark hit her first long-range three or signed her first autograph, Pearl Moore set a scoring standard for women’s basketball that has stood for 45 years.

The soft-spoken woman from South Carolina led her team at Francis Marion to the postseason four years in a row, averaging more than 30 points every season. The 5-foot-7 guard once scored 60 points in a game.

She did it all under the radar in many ways, playing at a tiny school from 1975-79 when the Association for Intercollegiate Athletics for Women (AIAW) oversaw the sport. Her career points total — a staggering 4,061 — still stands as the overall record in women’s hoops and is unlikely to fall this season even if Clark and the Hawkeyes make another deep NCAA Tournament run.

The 66-year-old Moore is retired now, living in her hometown of Florence about a 90-minute drive from Columbia and the home of the top-ranked South Carolina program many believe will win the national championship this season. Iowa, which lost in the title game last season, is also among the favorites.

AP AUDIO: The women’s scoring record belongs to Pearl Moore. Caitlin Clark is unlikely to reach it this year.

AP Washington correspondent Sagar Meghani reports Iowa’s Caitlin Clark is close to becoming the NCAA’s all-time women’s basketball scoring leader -- but she’s far off the all-time women’s mark.

Moore will be watching. She has enjoyed following Clark’s run at the NCAA scoring record, amazed at her skill along with her composure in handling the demands of packed arenas and constant attention.

“She can lead her team, she can pass and she can score,” Moore said. “Those are three key components to being a great player.”

Moore’s journey to becoming the greatest scorer in the women’s game began in an era when women were not generally encouraged to play sports. But as part of a family of 11 children, there was always a game to join and she said she took to basketball because “there was something about that ball going through the hoop.”

And she could do that in bunches.

“I wanted to win and to do that, you had to score points, so I scored points,” Moore said during an interview courtside at the Pearl Moore Center in Florence.

Moore remembers getting just a couple of inquiries about playing college ball from schools in the AIAW, which at one point had more than 1,000 member schools.

She began her college career at Anderson Junior College, where she scored 177 points in eight games. Always a homebody, Moore came back to the Florence area to play for Francis Marion, now part of NCAA Division II. In those days, women’s basketball was largely the purview of the AIAW, which lasted until 1982, but Francis Marion was among the smaller schools by any measure.

Moore played for Sylvia Hatchell, who went on to win an NCAA championship with North Carolina. Hatchell wold marvel at Moore’s ability to get off shots. Hatchell said Moore would often wait for a defender to get close enough for contact before shooting and come away with the extra foul shots.

“She always said that,” Moore acknowledged. “But I just knew we had to get as many points as we could.”

Moore played professionally after college for the New York and St. Louis franchises of the old Women’s Professional Basketball League. She won a league title with the New York Stars her rookie season, playing sparsely attended games at the Felt Forum at Madison Square Garden.

Moore played a season overseas in Venezuela after the WPBL folded and won that league’s championship as well. She did not understand much of the language, except about her main objective.

“They kept yelling, ‘Lonza,’” Moore recalled, which means “ready for battle” and she interpreted as keep shooting.

After that season in 1982, Moore wanted to return to her hometown where she would hold youth basketball camps and work for the Postal Service. She was enshrined in the Women’s Basketball Hall of Fame in 2011 and the Naismith Basketball Hall of Fame 10 years later, with Hatchell as her presenter.

While Moore holds the overall record, former Kansas star Lynette Woodard holds the women’s major college basketball record with 3,649 points from 1978-81. Kelsey Plum set the women’s NCAA record after her four-year career at Washington (2013-17) and that total is the one Clark is set to pass this week to draw closer to Woodard and Moore.

South Carolina assistant coach Jolette Law grew up in Florence and played at the same high school as Moore, Wilson High. Law remembers how Moore played hard and was practically unguardable against women and men alike.

Moore coached Law at youth clinics and at high school practices, helping her get recruited to Iowa under C. Vivian Stringer. Law considers Moore a mentor and inspiration.

“To have someone like that help me learn the game was very special,” said Law, who was honored by her hometown when the court at the Pearl Moore Center was named for her.

Moore brushed off the notion of where she might rank into today’s game. Many of her shots, Francis Marion’s longtime media relations and marketing director affirmed, came beyond the 3-point line distance of 22 feet, 1 3/4 inches.

“I’m not the only one that affects,” she said. “Players like Lynette Woodard and Carol Blazejowski would’ve had bigger totals as well because of how we played.”

Blazejowski played at Montclair State in the mid-70s and finished with 3,199 points.

Moore said she is grateful for her accomplishments, content with her place in the game and she is happy for Clark.

“Just tell those (TV) analysts to make sure they call it right” as the NCAA scoring record, she quipped.

___

AP women’s college basketball: https://apnews.com/hub/ap-top-25-womens-college-basketball-poll and https://apnews.com/hub/womens-college-basketball

Rohit Verma selected as new Moore School dean

Rohit Verma has been selected as dean of the Darla Moore School of Business, effective August 1.Verma joins the Moore School from VinUniversity in Hanoi, Vietnam, where he serves as the founding provost of Vietnam’s first private, not-for-profit university based on international standards. Verma is also a professor of operations, technology and information management at Cornell University’s SC Johnson College of Business. Prior to his role at VinUniversity, which was established in strategic collaboration with Cornell and ...

Rohit Verma has been selected as dean of the Darla Moore School of Business, effective August 1.

Verma joins the Moore School from VinUniversity in Hanoi, Vietnam, where he serves as the founding provost of Vietnam’s first private, not-for-profit university based on international standards. Verma is also a professor of operations, technology and information management at Cornell University’s SC Johnson College of Business. Prior to his role at VinUniversity, which was established in strategic collaboration with Cornell and the University of Pennsylvania, Verma served as dean of external affairs at Cornell’s SC Johnson College of Business.

Verma’s leadership experience at Cornell also includes serving as the executive director for the Center for Hospitality Research and as the founding executive director for the Institute for Healthy Futures. While on leave from Cornell since 2019, Verma has served in several concurrent leadership positions at VinUniversity, where he won the Excellent Leader Award in 2021.

“Dr. Verma is an award-winning teacher, a successful researcher, and an innovative leader, and we are pleased to welcome him to the Carolina family,” USC President Michael Amiridis said. “His excellent academic record and his international perspective will be great complements to the leading-edge work of the Darla Moore School of Business.”

As a founding member of an international university, Verma was in a unique position to shape the school’s standard of excellence through innovative and decisive leadership. During his time with VinUniversity, Verma has been able to recruit highly accomplished and diverse academic leaders and faculty from over 10 countries, establish a fully integrated campus life system, and develop curriculum programs for all degree programs based on active learning and experiential learning. He is eager to apply the lessons he has learned to the Darla Moore School of Business.

“Dr. Verma is a world-class leader whose experience and success at both Cornell University and VinUniversity have prepared him to add tremendous value to the Moore School,” said Donna Arnett, provost and executive vice president for academic affairs. “I look forward to working with Dr. Verma to uphold and enhance the Moore School’s outstanding international reputation, and to continue advancing the incredible contributions the school is making to the world of business.”

The Darla Moore School of Business is globally recognized for its international business program and boasts outstanding job placement rates, thanks to the robust education students receive in applied business analytics, experiential learning, and interpersonal and communications skills.

The school is also home to 12 research centers, which bolster the university’s research excellence through faculty members’ groundbreaking work and industry expertise. Verma looks forward to strengthening the school’s international reputation through expanded opportunities for impactful research, active and experiential learning, and meaningful engagement with industry thought leaders, corporations, and community members.

“From the very early stage in my academic career, I have taken a multi-disciplinary perspective and collaborated actively with colleagues from other fields,” said Verma. “I hope to collaborate with all colleagues at the Moore School in ensuring that the school’s core values are reflected and prioritized in all aspects of our work.”

Darla Moore School of Business

Darla Moore School of BusinessThe Darla Moore School of Business offers a remarkable array of program choices for careers in business. You will have the opportunity to receive an education that prepares you to be data proficient, analytically capable, and functionally grounded, ready for today and tomorrow’s business challenges. ...

Darla Moore School of Business

The Darla Moore School of Business offers a remarkable array of program choices for careers in business. You will have the opportunity to receive an education that prepares you to be data proficient, analytically capable, and functionally grounded, ready for today and tomorrow’s business challenges.

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