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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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

Nexton community continues to expand

BERKELEY COUNTY, S.C. (WCSC) - The Nexton community in Summerville continues to see new growth right off of I-26 and Highway 17A.Nexton Vice President of Operations Brent Gibadlo says the community can expect to see new restaurants, parks, employments opportunities, offices, and a variety of homes coming in the next few years.“Nexton is already in a really great location, right off of I-26, so it’s very accessible. I think the other thing is a lot of employment here,” Gibadlo said. “So, this isn’t ...

BERKELEY COUNTY, S.C. (WCSC) - The Nexton community in Summerville continues to see new growth right off of I-26 and Highway 17A.

Nexton Vice President of Operations Brent Gibadlo says the community can expect to see new restaurants, parks, employments opportunities, offices, and a variety of homes coming in the next few years.

“Nexton is already in a really great location, right off of I-26, so it’s very accessible. I think the other thing is a lot of employment here,” Gibadlo said. “So, this isn’t really just about homes, it’s a lot about businesses. So, it’s this idea of integrating where people work and where people live and getting those things more inter-connected.”

The Midtown area of Nexton opened about six months ago and currently has about 100 homes on site, but within the next 10 to 15 years, Gibadlo says they plan to have around 3,000 homes there.

“I think that’s the biggest thing that we’re trying to do at Midtown Nexton is offer housing options across the board,” Gibadlo. “So whether you’re a young person looking to buy your first home or you’re an empty nester looking to downsize, and everything in between.”

Gibadlo says the Midtown space will have apartments, townhomes, and individual houses. They also just broke ground on the Midtown Club which will have a resort pool, lap pools, exercise facilities, and other amenities.

Downtown Nexton is expected to break ground later this year. It will be separate from the existing Nexton Square with restaurants, stores, and offices. It will be about 100 acres along Sigma Drive. Gibadlo says it will have hotels and apartments in a more urban and city-like area of the community.

He says he’s excited for Nexton to also become a health and wellness hub for the area. That includes new offices already and the anticipation of a MUSC Community Hospital expected to open in 2022.

Gibadlo also says they realize the growth of this area may not seem beneficial for everyone.

“You know, it’s very fair for folks to have concerns about growth. What we always think about is we want to make sure that there’s far more positives than negatives associated with growth,” Gibadlo said. “So I think first it starts with a good, thoughtful master plan. And that’s one thing that we’re lucky in the case of Nexton. This is a plan that’s been in the works now for over 10 years.”

He adds that Nexton has a master plan for the road networks and stormwater plans that come with the rapid growth here.

Copyright 2021 WCSC. All rights reserved.

Nexton Highlights 2023 Achievements, Reveals Anticipated Additions for 2024

SUMMERVILLE, S.C. – Nexton, the most innovative and walkable community in South Carolina, reported a successful 2023 that includes the addition of cutting-edge commercial space as well as fresh amenities and housing options. As a new year begins, the community is poised for growth on all fronts, advancing its status as a national model for master-planned communities.“Nexton’s tenth year was filled with accomplishments. From celebrating 2,800 total home sales to welcoming a multitude of high-quality new businesses and...

SUMMERVILLE, S.C. – Nexton, the most innovative and walkable community in South Carolina, reported a successful 2023 that includes the addition of cutting-edge commercial space as well as fresh amenities and housing options. As a new year begins, the community is poised for growth on all fronts, advancing its status as a national model for master-planned communities.

“Nexton’s tenth year was filled with accomplishments. From celebrating 2,800 total home sales to welcoming a multitude of high-quality new businesses and housing choices, it was truly a remarkable year,” said Nexton’s Senior Vice President, Development Brent Gibadlo. “Each new year presents countless opportunities for Nexton, and we are excited to continue this momentum as a forward-thinking master-planned community and thriving economic hub in 2024.”

COMMERCIAL Nexton welcomed a collection of world-class retailers and commercial entities in 2023, including:

• The Hub at Nexton, developed by SL Shaw, added 88,000 square feet of office, retail, and restaurant space. It officially opened its doors in May, featuring local favorites such as The Co-Op and Derrington Dermatology. • Brighton Court: Two additional multi-tenant buildings were added adjacent to Coastal Fertility, offering new medical office and retail options. • Downtown Nexton: Sharbell Nexton LLC, the developer of Downtown Nexton, broke ground on Atelier Downtown Nexton office project in June and secured the first five tenants for the ground-floor retail in the Lofts Downtown Nexton apartments. Woodfield Development nears completion of The Ames, featuring 304 market rate apartments, and broke ground on The Radler, which includes 324 market-rate apartments. • Serendipity Labs, an established brand of co-working and flexible office facilities, celebrated the grand opening of its second Charleston location in Nexton in May. • The Pickle Bar: A new restaurant, retail and recreation concept that combines the growing popularity of pickleball with a bar and restaurant opened in November. • Dayfield Park, new commercial properties featuring office space and residential options, as well as retail and service providers broke ground in September. Tenants include The Goddard School daycare, HYLO Fitness, GoDog, Stretch Zone and Pinnacle Bank. • One Nexton, a Publix-anchored commercial center, broke ground with plans to include a bank and neighborhood-serving retail and dining.

RESIDENTIAL Nexton continued to provide a variety residential offerings and amenities to cater to all lifestyles and preferences, including:

• 492 homes sold in four residential villages including Del Webb Charleston, North Creek Village, Brighton Park Village and Midtown. • Nexton celebrated the 2,800 total home sale milestone. • Brookfield Residential was added to the community’s builder program and introduced their new townhome collection. • Builder Ashton Woods unveiled a new 55+ neighborhood of homes called Hammock Walk, featuring 100 villa-style homes in its first phase. The neighborhood celebrated the grand opening of its first homes and model home in December.

CIVIC • Nexton Middle School, a new fifth through eighth grade Berkeley County middle school, broke ground in December with a planned opening in 2026.

AWARDS + ACCOLADES Nexton received several national and regional accolades for demonstrating its commitment to forward-thinking design and innovation:

• Awarded the Grand Aurora Award in the category Residential Housing Community of the Year – Masterplan. • Awarded the Multi-Housing News Excellence Award in the category Development & Design: Mixed-Use. • Awarded a 2023 Best in American Living Award by The National Home Builders Design Committee for The Villas at Nexton in the category Single-Family Community For Rent. • Recognized as #38 of the 50 top-selling master-planned communities in the U.S. by RCLCO Real Estate Advisors, based on year-end 2023 home sales.

LOOKING AHEAD As Nexton closes another successful chapter, the community continues to set the industry standard for master-planned communities across the U.S. The following can be expected from the Nexton in 2024:

• Page’s Okra Grill opened in January 2024. • Additional homebuilder, Stanley Martin will join the Nexton community as well as new with a new collection of townhomes and condos to Brighton Park. Existing builders are adding new floor plans to Nexton’s Midtown neighborhood. • Brookfield Residential’s model townhome and first homes will open to the public in February. • Del Webb Nexton will break ground on its expanded amenity package with the addition of indoor and outdoor pickleball courts, a large gymnasium and restaurant. • Harris Teeter and Publix grocery stores will open. • Dayfield Park, a new commercial property featuring office space and residential options, as well as retail and service providers, will open. • Downtown Nexton: The first phase of the Lofts and Atelier Downtown Nexton will be completed in 2024. • Berkeley County Park will open in the summer of 2024.

Charleston-area retail center with new Publix to include 6 restaurants, 7 other businesses

More than a dozen tenants are coming to a new grocery-anchored retail development near Summerville that’s almost completely leased several months before construction is set to be completed.The One Nexton commercial node on Nexton Parkway will include restaurants, service-industry providers, a bank and workout site in addition to a new 48,387-square-foot Publix supermarket.Food-and-beverage offerings coming to the development include Catrina’s Cantina, Jersey Mike’s Subs, Woodhaven Pizza, Ruby’s Bagels, I...

More than a dozen tenants are coming to a new grocery-anchored retail development near Summerville that’s almost completely leased several months before construction is set to be completed.

The One Nexton commercial node on Nexton Parkway will include restaurants, service-industry providers, a bank and workout site in addition to a new 48,387-square-foot Publix supermarket.

Food-and-beverage offerings coming to the development include Catrina’s Cantina, Jersey Mike’s Subs, Woodhaven Pizza, Ruby’s Bagels, Indian restaurant Naan Appetit, and Dulce Churros, Ice Cream and Cocktails.

The Packie Wine & Spirits retail shop will join service providers Roper St. Francis Healthcare, Heartland Dental, Noire Nails and insurance firm Swamp Fox Agency. Workout site Basecamp Fitness and Fifth Third Bank round out the announced tenants coming to the site, which is still under construction. One outparcel site remains to be leased next to the 351-unit Camellia One Nexton Apartments under development on the combined 23-acre One Nexton site, Yurfest said.

The multifamily project is expected to be completed in May or June, according to Nexton spokeswoman Cassie Cataline.

Opening dates have not been announced for any of the commercial tenants, but construction is expected to be completed by the fall on the retail center. It sits across Nexton Parkway from a developing Harris Teeter-anchored commercial site. Harris Teeter is tentatively set to open in the spring.

On the way

A rhyming round of slushy sweet adult beverages is on tap for Upper King this spring with the planned arrival of Zachary’s Daiquiris.

The bar, opening in the former Basil Thai restaurant site at 460 King St., is being touted as “Charleston’s Chic Daiquiri Destination.”

Zachary Elliott, a South Carolina entrepreneur, filed for a liquor license recently for the property, and his social media accounts tease the spring opening of the sing-songy locale.

Elliott is also affiliated with Charleston’s Bourbon & Bubbles, Mesu and Republic Garden & Lounge, and is a partner with the Sweetberry Bowls franchise that has locations in the Carolinas, Georgia and New Jersey.

Elliott did not immediately respond for comment on the daiquiri venture.

The space at 460 King, a former bicycle shop and Huddle House, has been empty since spring 2021, when Basil closed its longtime downtown restaurant.

Gassing up

A Savannah-based convenience store chain is looking to add its first location in Mount Pleasant.

Parker’s Kitchen plans to build a 5,175-square-foot shop on S.C. Highway 41 at Wood Park Drive, next to the Lowes Foods-anchored Market at Mill Creek Shopping Center.

Site plans presented to the town show three options for the building’s placement: with fueling stations parallel to the store facing the highway, with gas pumps in the rear, and with the store on the corner near the street and pumps set perpendicular to S.C. 41.

The 6-acre site where the store is planned near the entrance to The Gates at Dunes West subdivision is owned by Highway 41 LLC, an affiliate of auto supplier Oakwood Group of Dearborn, Mich. It bought the property for nearly $1.3 million 16 years ago.

Heads up

A new salon focusing on relaxation and rejuvenation of the scalp and hair is now open in West Ashley.

Charleston Head Spa at 1420 Ashley River Road offers a serene atmosphere and personalized treatments to improve scalp health, according to its website. The business, owned by Molly and Josh Smith, is open weekdays by appointment.

Dance steps

A new place to twirl and tumble is being proposed in Mount Pleasant.

The owners of Tapio School of Dance and Gymnastics want to build a 9,500-square-foot studio between existing buildings at 600 and 608 Seacoast Parkway, a frontage road next to the Mark Clark Expressway west of Long Point Road, according to site plans presented to the town.

The school is currently at 455 Long Point Road in a shared-use structure. The proposal is making its way through the town’s review process.

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Nexton Announces The Ames Downtown Nexton is Now Leasing, Nears Completion

SUMMERVILLE, S.C. – Today, Nexton, the most innovative and walkable community in South Carolina, announced that The Ames multifamily community in Downtown Nexton, the urban-inspired mixed-use community serving the growing number of residents in Nexton and the surrounding region, is now leasing. Developed by Charleston-based Woodfield Development, the community is estimated to be completed next month.“Woodfield’s history as a development company is deeply rooted in the Carolinas. As longtime Charleston residents, the ...

SUMMERVILLE, S.C. – Today, Nexton, the most innovative and walkable community in South Carolina, announced that The Ames multifamily community in Downtown Nexton, the urban-inspired mixed-use community serving the growing number of residents in Nexton and the surrounding region, is now leasing. Developed by Charleston-based Woodfield Development, the community is estimated to be completed next month.

“Woodfield’s history as a development company is deeply rooted in the Carolinas. As longtime Charleston residents, the Nexton community is our backyard, and we are deeply invested in its overarching vision for the Summerville community and are honored to play a part,” says Mike Schwarz, partner at Woodfield Development. “Our goal as developers is to deliver a product that brings immense value to our residents and truly enriches their lives. As a result of thoughtful design in collaboration with our local partners, the interior finishes and amenity offerings at The Ames do just that. We are excited about the role The Ames will play in the future of Downtown Nexton and thrilled to present this unparalleled living experience to our residents.”

Situated on approximately 10.5 acres, The Ames consists of 304 apartment residences offering a mix of studios and one-, two- and three-bedroom units, featuring open layouts, modern kitchens with stainless steel appliances, custom built-ins, plank flooring and private balconies and patios. The amenity-rich community will feature a resort-style pool with full lap lanes and tanning shelves, a courtyard, grill stations and a 1,500-square-foot pool cabana with bar area.

The community also will offer a two-story club building with a large fitness area, dedicated yoga and cycling room, club kitchen and dining space, rooftop patio, business center with co-working spaces and work pods and multiple outdoor green spaces, including a movie projection lawn. In addition to the club house, The Ames will include a dog park and pet washing station, two pickleball courts, an outdoor amphitheater and electric vehicle charging stations.

Situated on nearly 100 acres between Sigma Drive and Brighton Park Boulevard, Downtown Nexton will provide retail, dining, hospitality, residential, service, office and commercial options within walking distance of many of Nexton’s neighborhoods. In addition to The Ames, Downtown Nexton’s first phase includes the Lofts mixed-use community, The Radler multifamily community and Atelier office campus. Currently in year 11 of its 20-year master plan, Nexton has delivered hundreds of thousands of square feet of commercial space and sold over 3,000 homes, attracting thousands of jobs and bringing over 8,000 residents to the community.

The following partners were selected as part of this project: CF Evans, Housing Studio, Seamon Whiteside, Shah Architecture and Interiors, S Wilkins Interior Design, PGIM and BMO Harris Bank.

One Nexton to Bring Retail, Office and Multifamily Residences

BERKELEY COUNTY, S.C. – The Nexton community has announced leasing and development progress on phase one of One Nexton, a Publix-anchored mixed-use development situated on 23.66 acres at the northeast corner of Brighton Park Boulevard and Nexton Parkway.Developed by Branch Properties and Charlotte-based Crosland Southeast, the community’s first phase, expected to be completed this fall, features 32,000 square feet of retail space as well as two corner outparcels and 351 Class-A apartments.The retail shop spaces are ...

BERKELEY COUNTY, S.C. – The Nexton community has announced leasing and development progress on phase one of One Nexton, a Publix-anchored mixed-use development situated on 23.66 acres at the northeast corner of Brighton Park Boulevard and Nexton Parkway.

Developed by Branch Properties and Charlotte-based Crosland Southeast, the community’s first phase, expected to be completed this fall, features 32,000 square feet of retail space as well as two corner outparcels and 351 Class-A apartments.

The retail shop spaces are 100% leased, with confirmed retail tenants including Catrina’s Cantina, Jersey Mike’s Subs, Swamp Fox Agency, The Packie Wine and Spirits, Roper St. Francis, Dulce Churros, Ice Cream and Cocktails, Heartland Dental, Woodhaven Pizza, Ruby’s Bagels, Noire Nails, Basecamp Fitness, Naan Appetit and Fifth Third Bank.

Upon full buildout of its multiple phases, One Nexton will deliver an immersive community experience with its spacious green space for year-round programming and activations, plus additional parks and trails that connect to the greater community, all of which are walkable and bikeable to the 7,500 homes in Nexton.

“One Nexton seamlessly epitomizes all that our community strives to accomplish by creating a dynamic and vibrant environment for residents to live, work and play,” said Brent Gibadlo, senior vice president of development at Nexton. “By prioritizing thoughtful commercial and residential additions, we can fulfill the desires and needs of our residents, while cutting down on commute times and improving quality of life.”

Situated less than a mile from the nearest major commuting route along Interstate 26, One Nexton will provide approximately 150,000 square feet of high-quality shopping and dining space throughout its multiple phases. Future phases will also include a hotel, office space and additional retail and services.

“We are thrilled to welcome a strong mix of local and national retailers to One Nexton,” said Jesse Shannon, president & chief investment officer at Branch Properties. “Upon completion later this year, the center is poised to become the premier retail hub for the ever-growing Summerville community.”

Charlotte-based Shook Kelley was selected as One Nexton’s master designer, Charleston-based SGA Narmour Wright Design is the multifamily architect and Alpharetta-based Hiscutt & Associates, Inc. is the phase-one retail architect.

Jeff Yurfest CCIM, Executive Vice President with TSCG is responsible for One Nexton’s outparcel and retail leasing activity. Greystar is managing the multifamily real estate component.

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