Probate Lawyer in Nexton, 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 Nexton, 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 Nexton, 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 Nexton, SC
Probate Lawyer Nexton, 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 Nexton, 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 Nexton, 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 Nexton, 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 Nexton, SC

Brookfield Residential to acquire Nexton developers

Newland, the developers behind the master-planned Summerville community, are being acquired by Brookfield Residential, a company headquarterd in Calgary, Canada. The acquisition won’t affect any current plans, including the groundbreaking of Downtown Nexton.By Teri Errico GriffisBrookfield Residential has agreed to acquire Newland, the ...

Newland, the developers behind the master-planned Summerville community, are being acquired by Brookfield Residential, a company headquarterd in Calgary, Canada. The acquisition won’t affect any current plans, including the groundbreaking of Downtown Nexton.

By Teri Errico Griffis

Brookfield Residential has agreed to acquire Newland, the developers of Nexton, an award-winning master-planned community in Summerville.

Along with the acquisition of the management company on June 1, Brookfield Residential is also acquiring the 5% general partner’s equity interest in 15 of the 20 master-planned communities that Newland is currently developing. Brookfield is headquartered with corporate offices in Calgary, Canada.

Brookfield Residential’s Managing Partner, Real Estate and President, Development Adrian Foley said the investment allows the company to expand as a “large-scale provider of lofts to third-party builders” and potentially expand the Brookfield Residential homebuilding brand.

“The acquisition of Newland adds phenomenal master-planned communities to our portfolio in exciting new markets that are experiencing tremendous growth and a lack of supply of new homes,” Foley said. “It will round out our existing development capabilities making us one of the few companies that has the breadth of resources, capital and operational talent to successfully scale in this area of the market.”

The company said the acquisition broadens’ Brookfield Residential’s footprint across the country and leverages Brookfield Properties’ development capabilities into new markets, including Dallas-Fort Worth, Houston, Atlanta, Tampa, Seattle-Tacoma, Portland, Raleigh-Durham and Wilmington, in addition to Summerville.

Newland is U.S. real estate land development company with 50 years’ experience in real estate developments.

“We are extremely pleased to be able to team up with Brookfield Properties’ development group,” Newland Executive Chairman Bob McLeod said. “This acquisition will provide more opportunities for the continued development of additional mixed-use masterplans well into the future as well as give us significant additional vertical development opportunities. We are looking forward to becoming part of the Brookfield team.”

A spokesperson for Nexton said the acquisition won’t affect any of the current developments, including the $300 million groundbreaking of downtown Nexton.

The urban-inspired mixed-use development will be situated on nearly 100 acres between Sigma Drive and Brighton Park Boulevard, a Nexton release said. Plans include retail, dining, hospitality, residential, service, office and commercial options within walking distance of Nexton’s residential neighborhoods.

In total, 110,000 square feet of office space will be available for lease.

Construction on Downtown Nexton will occur in phases throughout the next few years with the first stage including multifamily units and a mixed-use building that has ground-level retail beneath loft apartments.

The project is developed by New Jersey-based Sharbell Development Corp., a mixed-use developer with more than 37 years experience in the industry.

New residential neighborhood planned for Nexton community

A new neighborhood of homes is coming to the master-planned community of Nexton.The homes by Ashton Woods will be located in the North Creek area of the master-planned community, according to an Ashton Woods news release. Presales are now underway at Hammock Walk, a 55-plus community that will feature over 100 villa-style homes in its first phase.“Ashton Woods has a successful history of delivering exceptional floo...

A new neighborhood of homes is coming to the master-planned community of Nexton.

The homes by Ashton Woods will be located in the North Creek area of the master-planned community, according to an Ashton Woods news release. Presales are now underway at Hammock Walk, a 55-plus community that will feature over 100 villa-style homes in its first phase.

“Ashton Woods has a successful history of delivering exceptional floorplans and innovative designs to Nexton, and we are excited to see Hammock Walk come to life,” said Cassie Cataline, marketing director at Nexton, in the release. “As part of Nexton’s esteemed builder program, Ashton Woods is one of 10 builders providing a diverse array of homes to complement the community’s dynamic blend of businesses, recreation and restaurants throughout the community.”

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Hammock Walk will include a collection of ranch-style villas featuring two- and three-bedroom plans, with outdoor living spaces and one-car garages starting in the $300,000s, the release stated. Located within Nexton’s North Creek neighborhood on Nexton Parkway less than one mile from U.S. 176, Hammock Walk will offer amenities including pickleball courts, walking trails, ponds and green spaces.

Ashton Woods, named 2023 Builder of the Year by Builder Magazine, has been building design-forward homes in thoughtfully selected communities across the country since 1989, the release stated. With an emphasis on honored design principles, Ashton Woods builds and sells homes in Atlanta, Austin, Charleston, Dallas, Houston, Orlando, Phoenix, Raleigh and San Antonio.

Celebrating the 10th anniversary of the community’s 2013 opening, Nexton is a lifestyle-driven destination that blends live, work and play by offering conveniences such as state-of-the-art schools, modern infrastructure, 20 miles of trails and 2,000 acres of green space, the release stated. The community’s four residential neighborhoods include apartments, built-for-rent homes, townhomes and a variety of for-sale single-family homes that cater to first-time buyers, executives and 55+ retirees. Nexton has currently sold over 2,600 homes.

In addition to Ashton Woods, Nexton’s builder program features nine other prominent builders, including newly added Brookfield Residential, Centex, David Weekley Homes, Del Webb, Homes by Dickerson, New Leaf Builders, Pulte Homes, Saussy Burbank and True Homes.

New-to-market homebuilder coming to Nexton community in Summerville

A new homebuilder and land developer has been added to builder program at the Nexton community in Summerville.With plans to develop a new collection of townhomes in Nexton, this addition marks Brookfield Residential’s first project in South Carolina, according to a news release.Brookfield Residential is an internationally backed organization with more than 65 years of homebuilding experience, the release stated. Operations extend across the United States with major developments in more than 15 markets and over 65 active h...

A new homebuilder and land developer has been added to builder program at the Nexton community in Summerville.

With plans to develop a new collection of townhomes in Nexton, this addition marks Brookfield Residential’s first project in South Carolina, according to a news release.

Brookfield Residential is an internationally backed organization with more than 65 years of homebuilding experience, the release stated. Operations extend across the United States with major developments in more than 15 markets and over 65 active housing communities.

The homebuilder is an affiliate of Brookfield Properties, which currently has a sizable footprint in the Carolinas including 3,500 active employees and $4.8 billion assets under management, the release stated. Assets include logistics, hospitality and retail operations, notably Columbiana Centre, a high-quality retail mall.

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“We are delighted to join the Nexton community and add to the diverse array of housing options” said Gregg Hughes, senior vice president, Housing and Operations for Brookfield Residential, in the release. “Nexton has a vibrant, charming personality and we’re hoping these new townhomes reflect the community and serve the needs of today’s homebuyer.”

Located in Nexton’s Midtown neighborhood, Brookfield Residential’s entry-level townhome collection will feature 1,600 square feet on two finished levels of living space with prices starting in the mid-$300,000s, the release stated. The townhomes will offer three-bedroom layouts with an option for two primary suites. Interiors will include open floor plans and designer kitchens with stainless steel appliances and granite countertops.

Pre-sales will begin mid-summer with a model residence opening later this year.

Midtown also includes the Midtown Club, featuring a resort-style pool, fitness center and indoor and outdoor flex spaces available to members of the Nexton Residential Association, the release stated. The neighborhood also will feature food trucks, movie nights and social events.

Nexton, which got its start in 2013, is a lifestyle-driven destination that blends live, work and play by offering conveniences such as state-of-the-art schools, modern infrastructure, 20 miles of trails and 2,000 acres of green space, the release stated. Nexton has currently sold over 2,600 homes.

With the addition of Brookfield Residential, Nexton’s builder program now features 10 builders that also includes Ashton Woods, Centex, David Weekley, Del Webb, Homes by Dickerson, New Leaf, Pulte Homes, Saussy Burbank and True Homes, according to the release.

Nexton luncheon spotlights ‘booming’ local economy

Ample servings of Champagne coupled with a coastal poolside ambiance served as a fitting backdrop to a favorable economic forecast report during an April 4 Nexton luncheon attended by several local realtors at a sun-splashed Midtown Club in Summerville.Following a brief synopsis of Nexton’s recent sales and continued growth as a “third job center” in the Charleston market, the mixed-use development’s marketing coordinator Alicia Smith introduced South Carolina Ports Authority Business Development Manager Marion...

Ample servings of Champagne coupled with a coastal poolside ambiance served as a fitting backdrop to a favorable economic forecast report during an April 4 Nexton luncheon attended by several local realtors at a sun-splashed Midtown Club in Summerville.

Following a brief synopsis of Nexton’s recent sales and continued growth as a “third job center” in the Charleston market, the mixed-use development’s marketing coordinator Alicia Smith introduced South Carolina Ports Authority Business Development Manager Marion Bull to the podium, as he delved into his group’s efforts of recruiting business activity to the Lowcountry.

The guest speaker sang the praises of Nexton — which is currently celebrating its 10th anniversary as a destination venue in the Summerville community — for its role in providing housing for incoming employees of national and global firms seeking to establish a presence in the Charleston region.

Moving forward, Bull anticipates Nexton continuing to offer corporations an attractive option for its staffers as a source of housing, employment and an ever-expanding array of amenities with new industry emerging in the Jedburg area of Summerville, as well as Ridgeville in the very near future.

“When they want to live somewhere with, you know, a high quality of life that’s affordable, this is a place where business leaders can feel comfortable locating their businesses here,” began the Mount Pleasant resident.

“South Carolina has done a fantastic job as a state, [and] not just as a port, in recruiting business. [We had] $10 billion in investment last year. I think the largest previous year was $3 billion or so. It’s a huge number for our economic development in the state of South Carolina and some of it has happened right here.”

Bull detailed that South Carolina Ports drives about $63 billion in economic impact statewide, with about $8 billion of it emanating from the Lowcountry. In fact, about 30,000 jobs are either directly or indirectly linked to port activity in the immediate surrounding zone — a number that he anticipates will “dramatically” increase due to investments by Volvo, Walmart, Mercedes-Benz and the like.

Luncheon attendees were also treated to a breakdown of expectations for the real estate market in 2023 by President of the Charleston Trident Association of Realtors (CTAR) Katesha Breland.

The Charleston-born real estate broker noted the Charleston region’s remarkable 25 percent population growth over the past decade, along with a 17 percent spurt of newcomers in Summerville over that same 10-year stretch.

“We see changes in our local culture, our restaurant scene, our retail opportunities, and of course, we feel it in our traffic as well,” she stated.

“The local economy is booming. The Nexton development offers something that Summerville residents hadn’t seen before, an intentionally-developed masterplan community that gives residents the ease and opportunity to live, work and play right in their backyards ... that’s just what Nexton does. They haven’t built a neighborhood, they’ve built a community. While local media doesn’t always like to focus on the positives of our real estate market, there’s plenty of good news I can share with you,” added Breland without referencing any specific news media outlet.

On that note, the CTAR leader communicated that closed property sales were down in 2022 by 18 percent, but compared to 2019, that total was actually up six percent.

Breland further spoke of a healthy, sustainable pace of growth, as the overall median sales price increased 14 percent, single-family home prices surged 12 percent and townhouse/condos similarly saw a 22 percent uptick.

Summerville and Moncks Corner, in particular, were two of the top areas in terms of home sales in 2022.

“We expect sales will remain at the pace we’re seeing now, which is a good, healthy pace. Prices will also increase likely at a slower pace than we’ve been seeing. But that’s good news for buyers who are challenged by the affordability of our region.”

Breland concluded her address by lauding Nexton for its development of a wide range of home options (single-family, townhouses, rentals, etc.) and a variety of price points for prospective residents.

Lowes Foods Plans Second Berkeley County Location In Nexton

BERKELEY COUNTY, S.C. – Lowes Foods, a North Carolina-based supermarket, has plans to add a fifth Lowcountry location, Brookfield Properties recently announced. The supermarket chain will open its second Berkeley County store in Nexton’s North Creek Marketplace in Summerville.An anticipated opening date has yet to be announced. Currently, the only Lowes Foods in...

BERKELEY COUNTY, S.C. – Lowes Foods, a North Carolina-based supermarket, has plans to add a fifth Lowcountry location, Brookfield Properties recently announced. The supermarket chain will open its second Berkeley County store in Nexton’s North Creek Marketplace in Summerville.

An anticipated opening date has yet to be announced. Currently, the only Lowes Foods in Berkeley County is in Hanahan. Other nearby locations include West Ashley (Charleston County), Mount Pleasant (Charleston County) and Summerville (Dorchester County).

The Nexton grocery store will anchor a new retail center that will also include Domino’s Pizza and Cava, a fast-casual Mediterranean concept. Fifth and Third Bank and a Roper Urgent Care facility will also call North Creek Market home.

SEE ALSO:

Founded in 1954, Lowes Foods employs nearly 9,000 people and operates more than 80 full-servicesupermarkets in the Carolinas.

Locally owned and operated, Lowes Foods prides itself as a “homegrown company” committed to bringing community back to the table, by providing customers with the freshest and most innovative local products from local suppliers.

To learn more, visit lowesfoods.com.

BERKELEY COUNTY, S.C. – A national provider of upscale co-working and flexible office spaces recently celebrated the grand opening of its newest location in Berkeley County. Serendipity Labs with the help of the Berkeley Chamber of Commerce cut the ribbon Friday to its new Summerville facility in Nexton Square.

“Come by for a tour to check out this newly constructed 2-level workspace, which features retail, dining, hotels and a variety of fitness options at your doorstep. Conveniently located only 25 minutes from Charleston, and only 5 minutes from Downtown Summerville,” Serendipity Labs recently posted to its official Facebook page.

The standalone Nexton location offers 28,000 square feet of thoughtfully designed workspaces, including private offices, team rooms, co-working spaces and dedicated rooms for business meetings and events, according to a news release.

It also features outdoor patio space and a Lab Café, offering unlimited coffee, tea and fruit-infused water as well as ergonomic desks, chairs, sofas and fast-speed, encrypted internet.

This is Serendipity Labs’ second commercial location in the Charleston area.

Headquartered in Rye, NY and established in 2011, Serendipity Labs Inc., is an American flexible office space company that opens, manages and markets its upscale coworking brand as a service to office asset owners.

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