Probate Lawyer in Simpsonville, 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 Simpsonville, 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 Simpsonville, 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 Simpsonville, SC
Probate Lawyer Simpsonville, 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 Simpsonville, 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 Simpsonville, 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 Simpsonville, 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 Simpsonville, SC

New private golf club coming to Simpsonville, South Carolina

SIMPSONVILLE, S.C. —An invitation-only private golf club is coming soon near Simpsonville, South Carolina.Kawonu Golf Club will be built on 290 acres bordered by the Reedy River, SC 418 and Fork Shoals Road.The name pays homage to its historical roots as a hunting preserve, with a name derived from the Cherokee word for duck."Led by Scott Ferrell, a visionary with a background managing all aspects of the global golf course design business at the esteemed Gary Player Group, the enclave i...

SIMPSONVILLE, S.C. —

An invitation-only private golf club is coming soon near Simpsonville, South Carolina.

Kawonu Golf Club will be built on 290 acres bordered by the Reedy River, SC 418 and Fork Shoals Road.

The name pays homage to its historical roots as a hunting preserve, with a name derived from the Cherokee word for duck.

"Led by Scott Ferrell, a visionary with a background managing all aspects of the global golf course design business at the esteemed Gary Player Group, the enclave is set to enchant golfers of all skill levels with its championship 18-hole course, inspired clubhouse, top-tier practice facilities, and cozy four-bedroom cabins," a news release about the new course said.

Kawonu Golf Club

“We’re creating an enclave that will add a unique concept to the golf landscape of the Upstate,” Ferrell said. “Local members will not have to travel to “get away,” and national members will not only enjoy the relaxed club environment but take in the wonderful town of Greenville.”

Golf course architect Andrew Green is shaping Kawonu's course.

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Kawonu Golf Club

“I have spent time on this beautiful site and have no doubt that we can not only create a fantastic golf course but also an exclusive club experience. My intent is to design 18 holes of golf that no one has ever played,” said Green.

Construction is anticipated to start later this year or early next year, with an expected opening in spring 2027, if not sooner.

Kawonu Golf Club

The team behind the course says it aims to cater to both local members seeking a round of golf or weekend escape and national members journeying from afar.

The selectively curated group of local and national members will be capped to keep down the number of rounds of golf played to preserve the course's pristine condition.

“Our members are going to be golf people who love the game and enjoy the camaraderie that it brings,” Ferrell said. “We have the pieces in place to make Kawonu one of the great clubs of America.”

'The Color Purple' teen actress from Simpsonville details journey to the big screen

SPARTANBURG, S.C. —At the age of 19, Simpsonville native Parris Goodman is starting to truly see the fruits of her labor."The Color Purple," one of the most iconic titles in film and literature, will be in theaters across the country on Christmas day in the form of a new adaptation of the original 1985 film.Goodman is one of two Upstate natives set to grace t...

SPARTANBURG, S.C. —

At the age of 19, Simpsonville native Parris Goodman is starting to truly see the fruits of her labor.

"The Color Purple," one of the most iconic titles in film and literature, will be in theaters across the country on Christmas day in the form of a new adaptation of the original 1985 film.

Goodman is one of two Upstate natives set to grace the big screen. Goodman is cast as TEEN Lil Cat, beating out roughly 3,000 other prospects.

"This is like a dream come true. I prayed for times like this and I’m super grateful,” Goodman said. "This is based off the Broadway show, the book and original movie. It’s more uplifting and rooted around sisterhood.”

Goodman said she attended virtual school at home, following an in-person schooling experience in middle school to further pursue acting. She detailed her battles with self-doubt, finding herself, and the importance of mental health as her acting journey started back in 2018 following her first stage play.

"I heard the reaction from the crowd, and I fell in love with it," Goodman said. "So, I did it again in 2020, and I was like, oh, I can get used to this. I've learned that you just can’t give up. You can have those small breaks to get yourself together, but you’re going to have to get back up. You’re going to have to keep on going, and you are going to have to stop doubting yourself."

Following her second stage play in 2020, Goodman joined Spartanburg-based Stisa Talent Agency under the leadership of Steve and Lisa Lopez.

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Goodman thanked her immediate family, her Stisa family, along with anyone who has supported her along the way. She also talked about the importance of her faith and how that has led her to continue on a rewarding path.

"In middle school, I wasn’t as close as I should’ve been to God and going into home school, I was by myself, so I only had him," Goodman said. "So I had to get close with him and it’s like he made me a promise – if I get through high school and keep my faith with him, that he’ll make this happen. You ever question yourself, like are you loved? This definitely shows me that I’m loved.”

"The Color Purple" will be in theaters on Monday, Dec. 25.

Meet the candidates: Simpsonville City Council

As Simpsonville gears up for voters to head to polls on Nov. 7 to choose City Council representatives, unpacking who is running for which seat may be difficult.Councilmembers Matthew Gooch (Ward 1), Jenn Hulehan (Ward 3) and Ken Cummings (Ward 5) are not seeking reelection. Mayor Paul Shewmaker is the only incumbent on the ballot. In addition, Shannon Williams (Ward 3) is the only candidate running unopposed.MayorI...

As Simpsonville gears up for voters to head to polls on Nov. 7 to choose City Council representatives, unpacking who is running for which seat may be difficult.

Councilmembers Matthew Gooch (Ward 1), Jenn Hulehan (Ward 3) and Ken Cummings (Ward 5) are not seeking reelection. Mayor Paul Shewmaker is the only incumbent on the ballot. In addition, Shannon Williams (Ward 3) is the only candidate running unopposed.

Mayor

Incumbent: Paul Shewmaker

Position: Retired director of human resources and does HR consulting work

Years as mayor: 3.5

What do you plan to work on if reelected? Complete the major projects council has begun, including the new municipal complex and renovation of Simpsonville Park, improved walkability and traffic flow downtown, making South Main a better festival venue, and extending the Swamp Rabbit Trail to Heritage Park. Continue developing a plan to help the people most affected by stormwater runoff during heavy rains. My highest priority is to continue the leadership, integrity and civility I have brought to the mayor’s office and council meetings during my first term.

Challenger: Warner Bouzek

Position: Owner of King Tut Grill in Simpsonville

What is the one thing you plan to change if elected? The one thing that needs the most focus is getting families to and from work or school more easily. I plan to work heavily with the county and state to improve the infrastructure and prepare for the next 20 years. Families should be spending more time at home and less time on the road stuck in traffic.

Challenger: Janice Curtis

Position: Owner of Merle Norman Cosmetics and Spa in Simpsonville

What is the one thing you plan to change if elected? I have established relationships with our county, state and federal representatives. I have personally met with the representatives to discuss flooding in our community and remedies. I look forward to working with county representatives to curtail problems Simpsonville encounters when new developments are approved in the county. The traffic must be addressed in our community. I know the city currently has a traffic plan in place, but this will take substantial time to complete. We must have safety precautions in place for neighborhoods that will be used as cut through during roadwork. I have a proven record of rolling up my sleeves and doing the hard work and keeping promises.

Ward 1

Candidate: Erin Medlin

Position: Realtor and English instructor at USC Upstate and Spartanburg Community College.

What is the one thing you plan to change if elected? Simpsonville has grown exponentially, which requires sustainable growth and infrastructure to be our top priority. I want to see that growth carried out in a transparent and viable fashion, with input from our citizens. Growth without plans for implementation leads to a poor quality of life for everyone and Simpsonville deserves a livable community today and for the future. I have started the conversation with our county and state representatives on how we can work together to solve some of these issues.

Candidate: Chad O’Rear

Position: Care navigator with Providence Care

What is the one thing you plan to change if elected? One of my first orders of business is to work towards a repeal of ordinance No. 2018-07 which requires a “super majority” vote to make decisions about the employment of the city administrator and department heads. Secondly, re-open Hunter Street. Thirdly, be more available, receptive and transparent with the citizens of Simpsonville.

Candidate: Skip Strong

Position: CNC/EDM machinist

What is the one thing you plan to change if elected? I am a strong supporter of our law enforcement and first responders and believe that more staffing, equipping and training is necessary to keep up with the growth that Simpsonville is experiencing. I’d say the general consensus is that people feel safe parking downtown and walking to restaurants, shopping, music venues, etc. Let’s maintain that level of comfort and safety as we grow.

Ward 3

Candidate: Shannon Williams

Position: Homemaker

What is one thing you plan to change if elected? I think there has already been some wonderful work done by the city council. I am looking forward to contributing to the positive changes the city has made and will continue to make. I would like to focus on the community and making sure Simpsonville is a great place for all of its citizens. I am open and here to listen to the people of Simpsonville.

Ward 5

Candidate: Tim Pinkerton

Position: Retired from the construction and engineering industry

What is one thing you plan to change if elected? I would change the counterclockwise proposed traffic switch and develop safe passage through the heart of Simpsonville without creating more traffic through and affecting neighborhoods. My construction-business background suits the need of a representative with a common-sense approach to growth with a focus on maintaining our infrastructure before city enhancements.

Candidate: Jermaine Smith

Position: Trainer at Michelin

What is the one thing you plan to change if elected? I am looking at bringing change through economic opportunities for existing and new residents of Simpsonville, so that everyone can have a hand in the growth of the community.

Close to 700 homes coming to booming crossroads in Simpsonville area

A few miles west of Simpsonville's city limits, the new houses, which have all been approved by the county's planning commission, will join subdivisions already standing at the once-rural crossroads in one of the fastest-growing areas in the state.In all, the three residential projects will encompass just over 400 acres of previously undeveloped land along Fork Shoals Road.Here's a look at the new subdivisions coming to the intersection:Valley Cove FarmsBy far the largest of the three coming developments is Vall...

A few miles west of Simpsonville's city limits, the new houses, which have all been approved by the county's planning commission, will join subdivisions already standing at the once-rural crossroads in one of the fastest-growing areas in the state.

In all, the three residential projects will encompass just over 400 acres of previously undeveloped land along Fork Shoals Road.

Here's a look at the new subdivisions coming to the intersection:

Valley Cove Farms

By far the largest of the three coming developments is Valley Cove Farms.

The 280-acre, 371-house subdivision will sit directly at the intersection of West Georgia and Fork Shoals.

The property, which abuts the Cubesmart storage facility, was previously owned by the Hawthorne family for more than 200 years.

In 2021, the planning commission blocked developer TCC Venture's efforts to build on the land when it denied three rezoning requests that would have made way for a 417-house subdivision and 12 acres of commercial space along Fork Shoals.

The new layout for the site proposed by Contender Development, which the planning commission approved in November, did not require a zoning change and will be less dense than TCC Venture's previous layout. It will not include a commercial component.

Ford Elliott, CEO of Contender Development, said the project will include ample green space and natural amenities, as well as large lots.

"I think it will make for a really unique community," he said. "It's a beautiful setting, and there will be a lot of saved natural, open green space because of the amount of density we're putting on that many acres. It should lead to a beautiful place to live."

Cedar Shoals and Cades Mill

On the property just north of the Valley Cove Farms tract, TCC Ventures is getting ready to build the Cedar Shoals development.

Developer Eric Hedrick said work on paving and curbs is underway, and when that is complete, home construction will begin.

There will be 206 homes on the 76-acre property.

Cedar Shoals isn't the only project TCC is developing near that intersection.

A stone's throw to the north, the Cades Mill subdivision is moving forward on a 47-acre tract. The development got the green light from the planning commission on Jan. 24.

The application passed unanimously, though commissioner James Wood voiced some concern over the traffic that Fork Shoals already sees.

Hedrick said the developments in that area will be connected to existing sewer.

But that infrastructure would have to be expanded to accommodate any additional residential construction after the projects already in the pipeline are completed, as the county recently passed steep restrictions on the use of septic tanks.

"It's a future high-growth area, in my opinion," Hedrick said.

SC's first food truck park is in Simpsonville. Here's how it came to be.

Now, two years later, Justin and Allie Holck can hardly believe their dream is a reality.The idea the two shared in 2022, just after they moved to Greenville from Bend, Ore., has now come to life with the opening of Scuffletown Food Truck Park.Sign up to receive our free newsletter every Thursday to keep you informed on everything happening in the Upstate culinary scene.EmailThe park is the first such dedicated food truck park in South ...

Now, two years later, Justin and Allie Holck can hardly believe their dream is a reality.

The idea the two shared in 2022, just after they moved to Greenville from Bend, Ore., has now come to life with the opening of Scuffletown Food Truck Park.

Sign up to receive our free newsletter every Thursday to keep you informed on everything happening in the Upstate culinary scene.

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The park is the first such dedicated food truck park in South Carolina, Justin said — and if the couple are judging from the opening weekend’s success, it won’t be the last.

“We want to open a couple more food truck parks,” he said. “Saturday was such a validation that this is a concept people really enjoy and love.”

Plans are still underway for a food truck park in Greer, which was announced earlier this year, but the owners are awaiting permitting.

Scuffletown, which sits on just under an acre at 206 Ladean Court near the Walmart Supercenter off Fairview Road in Simpsonville, features six full-time food trucks, a taproom with 21 beers on tap that are served via a self-pour model and a children’s play area.

The trucks are a mix of different styles of food and cuisines from various countries. During opening weekend, Justin tried them all out.

“It’s a very surreal feeling when you come up with an idea in your head and then it comes to life,” he said.

From coffee to food trucks

The idea for a food truck park actually began as an idea for a coffee roastery.

Justin, who is passionate about coffee and beer (he was an avid homebrewer for years), saw an opportunity to supplement his firefighter salary and to start a business of his own.

After getting more acquainted with their new home, the Holcks saw that the coffee market was a bit saturated. However, they saw a distinct lack of food truck parks, something they had enjoyed immensely while living on the West Coast.

With Scuffletown, the Holcks took all the things they loved about food truck parks and built from there. As parents of three children ages 11, 7 and 1 month, they wanted their park to be family-friendly. So, they built a fenced-in area for kids to play with a play structure, small climbing wall and a huge sand box.

Justin loved beer but detested having to wait in long lines to get one, thus the self-pour tap system. The tap allows multiple people to serve themselves at the same time. And you can get the exact amount you want.

As for the food, Justin spent a lot of time tasting and then tasting some more to find the right trucks. The goal was to offer both variety but also quality. The six trucks feature everything from Colombian-style burgers in toston, chicken wings, brisket sandwiches, Caribbean-inspired tacos, birria and donut sundaes.

The featured trucks have a one-year contract to be part of the park. Temporary trucks will fill in as needed, he said, but the hope is that there is enough variety that people can come back day after day and try something new.

“You can come here every day of the week, and it would still take you a good month or two to try everything on their menus,” he said.

Food trucks:

Half Rooted – Colombian specialties like empanadas, toston, yuca fries and a Colombian burger

BirriaBoy – Birria tacos, burritos, quesadillas and more

One Love Fusion Foods – Asian-tinged rice bowls, tacos and nachos

Duck Donuts – get one, a half dozen, or a dozen

Rad Dad’s BBQ – classic barbecue plates and sandwiches and sides

Too Sac’D Up – a variety of chicken wings with classic and new flavors

A passion for food, beer and community

It wasn’t that Justin set out to own a food truck park, but more that he saw a need and a chance to do his own thing while melding his interest in food and beer.

At one point he thought about going to culinary school but realized that while he enjoyed cooking for his family, he didn’t want to cook for a living.

After 12 years in the Air Force as a firefighter and then a couple years working as a civilian firefighter, a job he loved, he was ready for a change.

He officially retired from firefighting two weeks ago to focus on Scuffletown fulltime. He manages the taproom and the food truck park, while each individual food truck manages their own hours.

It’s hard to believe the trajectory of life over the past two years, but when he considers it, he feels immensely humbled and fulfilled.

“We want to be able to create a space for a sense of community and a place that supports local,” Holck said. “It’s really exciting to see people able to spend more time with their families and friends.”

For specifics about hours and menus, visit www.scuffletownsc.com

Note that each food truck sets its own hours of operation.

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