Probate Lawyer in Summerville, 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 Summerville, 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 Summerville, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

lm-head-start

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.

lm-head-start

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 Summerville, SC
Probate Lawyer Summerville, 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
lm-head-start

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 Summerville, 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 Summerville, 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.

Free Consultation

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 Summerville, 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.

Contact Us

phone-number 843-936-6680

Latest News in Summerville, SC

9 Christmas parades happening across the tri-county this weekend

SUMMERVILLE, S.C. (WCBD) – The holiday season is in full swing and several holiday parades are happening this weekend to get you into the spirit.Goose Creek, Mount Pleasant, Summerville, Awendaw, Hollywood, Folly Beach, Ridgeville, and Lincolnville and the Parade of Boats are scheduled for Saturday and Sunday.But the forecast may put a little damper on the festive fun. While most parades happen rain or shine, Storm Team 2 says there are showers and thunderstorms in the forecast on Sunday afternoon and evening. Wind gusts ...

SUMMERVILLE, S.C. (WCBD) – The holiday season is in full swing and several holiday parades are happening this weekend to get you into the spirit.

Goose Creek, Mount Pleasant, Summerville, Awendaw, Hollywood, Folly Beach, Ridgeville, and Lincolnville and the Parade of Boats are scheduled for Saturday and Sunday.

But the forecast may put a little damper on the festive fun. While most parades happen rain or shine, Storm Team 2 says there are showers and thunderstorms in the forecast on Sunday afternoon and evening. Wind gusts up to 30 or 40 mph are expected Sunday and Sunday night.

Goose Creek will kick the weekend off with its parade on Saturday at 9:30 a.m. Organizers say the parade will travel along St. James Avenue and ends at Marilyn Street. Road closures will begin at 7:00 a.m., and the city has set a rain date for December 16.

Folly Beach will hold its Christmas parade along Center Street at noon on Saturday. The city will also hold a menorah lighting at Folly River Park later that afternoon at 5:00 p.m. – and make plans for the new year with the annual Flip Flop Drop happening on New Year’s Eve.

The Town of Ridgeville’s parade is also scheduled for noon on Saturday. Float line up begins at South Main and Dorchester Streets and the route will travel straight to the old Clay Elementary School.

Residents in Awendaw can enjoy the town’s Christmas parade on Saturday from 2:00 p.m. until 4:00 p.m. The parade will begin at the Seewee Outpost and travels on Seewee Road to Goodwine Circle.

Spectators will enjoy vintage cars, local celebrities tossing candy, marching bands, and even Santa Claus in the fire engine!

Lincolnville’s Christmas parade and tree lighting take place on Saturday. The parade begins at 4:00 p.m. and will march from W. Pine Street to W. Carolina Street, W. Boundary Street to Slidel Street, Smith Street to Lincoln Avenue, and back to W. Pine.

The tree lighting will take place at town hall on W. Broad Street at 6:00 p.m. There, you’ll enjoy refreshments, a marshmallow roast, food trucks, music, and Santa.

A lineup of lighted and festive boats will lead the Holiday Parade of Boats on Saturday night. The parade will take place on the Cooper River, through Charleston Harbor, and into the Ashley River. The best point of view from Charleston Harbor is 6:00 p.m.

Summerville’s parade on Sunday is set to the theme of Christmas movies this year. It starts on W. 4th Street North at 2:00 p.m., travels south on Main Street, west on W. Richardson Ave., and north on N. Hickory Street.

Arrive early and enjoy some holiday shopping or have a bite to eat in downtown Summerville. Organizers have set a rain date for December 17th.

The Town of Hollywood has set its parade for Sunday at 2:00 p.m. at Hollywood Town Center. They also have a carnival party happening on Saturday from 12:00 p.m. until 6:00 pm.

Finally, the Town of Mount Pleasant’s annual Christmas Light Parade will take place Sunday at 5:30 p.m. The parade begins with a firework display, and then floats, bands and more will march down Coleman Boulevard to Patriots Point Road. The parade is expected to continue rain or shine, but organizers say they will halt the event if it weather poses a safety threat.

Construction begins on 278-unit community in Summerville

Construction has begun on Marlowe Summerville, a 278-unit rental complex on a 27.9-acre site in Summerville.It is the first foray into South Carolina for The Resmark Companies, a Los Angeles-based real estate investment management company, which is partnering with Greystar Real Estate Partners, a Charleston-headquartered investment and development company with offices across the country and on four...

Construction has begun on Marlowe Summerville, a 278-unit rental complex on a 27.9-acre site in Summerville.

It is the first foray into South Carolina for The Resmark Companies, a Los Angeles-based real estate investment management company, which is partnering with Greystar Real Estate Partners, a Charleston-headquartered investment and development company with offices across the country and on four continents.

Marlowe is a Greystar brand marketed as “suburban luxury living.” The Summerville project on N. Main Street and College Park Road is the first Marlowe brand in the state, according to a news release.

“We are excited to make our first investment in the Charleston MSA with Greystar, a long-term and trusted partner,” Ziv Cohen, chief investment officer of Resmark, said in the news release. “Having worked together for a decade, we recognize that Greystar brings rigorous attention to design, quality and detail that results in great consumer response and community acceptance.”

Pre-leasing at Marlowe Summerville is expected to begin next fall, according to Stephen O’Neil, senior vice president for investments at Resmark. The community will offer amenities including a clubhouse equipped with a fitness center and co-working spaces, resort-style pool, grilling stations, pickleball courts, dog park and outdoor dog wash, as well as a grand central amenity lawn with shuffleboard, cornhole and a community garden.

O’Neil said in the release that Resmark was drawn to the site because of “Summerville’s location as a top-tier suburban market near Charleston, its attractive demographics, access to commuting routes and rapidly expanding employer base are all factors that underscore a strong outlook for multifamily development.”

The company also pointed to the site’s proximity to Camp Hall 10 miles away, a 7,000-acre commerce park that has attracted nearly $5 billion in investment and projected to create as many as 1,500 jobs for workers who will need a place to live, the release said.

Related article: Work begins on newest Camp Hall industrial building in Ridgeville

“Summerville is a highly desirable submarket twenty miles northwest of downtown Charleston that is attracting young professionals and families drawn to its quality of life and historic charm,” Ben Liebetrau, managing director of development for Greystar Development and Construction Services. “As we are headquartered in Charleston, we are extremely pleased to bring Greystar’s Marlowe brand to our backyard.”

Of the 278 rental homes, 263 will be constructed in 10 separate three-story walk-up garden-style buildings. Fifteen two-story townhomes, each with a fenced yard and attached garage, will be located in two separate buildings. Ranging in size from 560 square feet to 2,114 square feet, the project unit mix will include 16 studios, 127 one-bedrooms, 118 two-bedrooms and 17 three-bedrooms, the release stated. Each unit will offer features such as granite countertops, wood-like luxury vinyl flooring and stainless-steel appliances.

Resmark is a real estate investment manager that provides capital to homebuilders, land developers and multifamily developers across the country.

Summerville mayoral candidates discuss key issues facing the growing town

SUMMERVILLE — With Ricky Waring retiring, the mayoral seat in this growing community 20 miles north of Charleston is up for grabs.The candidates: Dickie Miler, a Summerville native and real estate broker; Russ Touchberry, another Summerville native and current town councilman; and Vickie Fagan, who relocated from Staten Island more than a ...

SUMMERVILLE — With Ricky Waring retiring, the mayoral seat in this growing community 20 miles north of Charleston is up for grabs.

The candidates: Dickie Miler, a Summerville native and real estate broker; Russ Touchberry, another Summerville native and current town councilman; and Vickie Fagan, who relocated from Staten Island more than a decade ago.

The Post and Courier spoke with the mayoral candidates about some of the big issues and concerns residents have in Summerville.

Fate of the old hospital

Miler said the property at 500 N. Main St., which has become a hot-button issue over the past few months, should be preserved. He has been a vocal opponent of the redevelopment of the property but said if there is redevelopment it should be strategic, sensible and promote enough economic vitality to warrant any changes made.

Touchberry hopes to preserve the old hospital as well, acknowledging it’s an important property. He also said its redevelopment can benefit the town and if done right could be a model for how other properties can be remade.

“We’ve lost the look and feel of Summerville on that side of the railroad tracks all the way to I-26,” Touchberry said. “This is an opportunity for us to have this reinvestment and reestablish our brand, which is what made us so special to begin with.”

Fagan also wants the property to be preserved but believes it can be repurposed as is. With all the available parking, the space could be used for emergency personnel, she said.

Growth and development

Miler said he supports a strategic approach to Summerville’s growth and would want to annex all he could on the periphery to protect the town’s border from neighboring cities like North Charleston and Goose Creek, which are also growing quickly.

“If we annex things on the outside, then we can control how we develop on the inside,” Miler said. “When and if we have to move and grow, we do it the way we want to do it, bringing the developer we want to bring in, have the neighborhood designed the way we want it.”

Touchberry pointed out that Summerville’s municipal boundaries are irregular but could be fixed by aligning the town’s comprehensive plan with the plans of Berkeley and Dorchester counties, and making sure all zoning standards line up as well. He added that if the town doesn’t have a strategic annexation plan, Summerville could easily be encircled by other municipalities.

Fagan said she’d like to assemble a task force for growth management and include voices from elected officials, civic groups and businesses. She said she values input from everyone and paying attention to how growth is affecting people in different areas can help the town come up with a plan as a united front.

Traffic and transport

Miler said he would want to incorporate more public transportation and improve sidewalks and bike paths so people can get around without a car.

“Building more roads is not always the answer,” Miler said.

He added he would be willing to reduce the median for some roads and even remove parking spots — like the parallel parking spots on Main Street at Hutchinson Square — so traffic isn’t as backed up.

Touchberry has been advocating for infrastructure improvements, such as sidewalk repairs, but one of his biggest priorities is finding a way to connect the Berlin G. Myers Parkway to Interstate 26 without the need to use, or cross, Main Street. He said he’s working with the Berkeley-Charleston-Dorchester Council of Governments, as well as Berkeley County and the town, to study that corridor and identify solutions.

Touchberry added that the town missed an opportunity in having the Lowcountry Rapid Transit stop in Summerville; the furthest it is planned to go for now is Ladson. He said he’s ready to fight to make sure the second phase is completed, so the workforce in Summerville can use it to get to Charleston and reduce commute time.

Lowes Foods to open Summerville store, close others

Lowes Foods, a Carolinas-based grocer, is opening a fifth store in the Charleston market in Summerville, while the company plans to close other locations.The Summerville store will be 50,887 square feet and will anchor a new retail center between two large Berkeley County residential developments, according to a news release. The new Lowes Foods store, scheduled to open in 2025, is on the northeast side of the 5,000-acre Nexton community.In addition, Lowes Foods has acquired Foothills IGA Market in Marble Hill, Ga., the release...

Lowes Foods, a Carolinas-based grocer, is opening a fifth store in the Charleston market in Summerville, while the company plans to close other locations.

The Summerville store will be 50,887 square feet and will anchor a new retail center between two large Berkeley County residential developments, according to a news release. The new Lowes Foods store, scheduled to open in 2025, is on the northeast side of the 5,000-acre Nexton community.

In addition, Lowes Foods has acquired Foothills IGA Market in Marble Hill, Ga., the release stated This will be the brand’s first store in Georgia. The store will continue to operate as an IGA for the next few months and will become a Lowes Foods store sometime in early 2024.

Related content: Construction begins on 278-unit community in Summerville

Related content: North Charleston apartments sell for more than $5.4M

Related content: Restaurant, entertainment venue opens in downtown Charleston

Along with the expansion, Lowes Foods will be making the decision to close two stores, the release stated. Food Country purchased the location in Stuart, Va., at the end of September. The store in Yadkinville, N.C., will be closing at the end of this month. Employees in the Yadkinville store are being given opportunities in other Lowes Foods.

“Lowes Foods is deeply committed to providing an exceptional shopping experience for our guests at all our store locations,” Tim Lowe, head of Retail, and Alex Lee, president, Lowes Foods said in the release. “Our coming stores in Summerville and Georgia will be important areas of growth for our company, and we’re excited about our continuing expansion in those markets. We also are pleased that Food Country has agreed to work to retain our employees in Stuart as our store there becomes part of the Food Country brand.”

In addition to Summerville and Marble Hill, Lowes has previously announced new stores in Aiken, and Kannapolis, Concord, Indian Land, and Winterville, N.C. A new store in Pittsboro, N.C., opened in June of this year.

Founded in 1954, Lowes Foods employs nearly 9,000 people and operates 82 full-service supermarkets in the Carolinas.

HOT PROPERTIES: Summerville office space sells for $1.5M

Robert Pratt of Re/Max Pro Realty represented the seller, Jurisprudence LLC, in the sale of 7,022 square feet of office space at 112 W. 4th North St. in Summerville to Ellie Holdings LLC for $1.5 million. Zach Hines of Spencer Hines Properties represented the buyer.Other commercial real estate deals in recent days in the Lowcountry include the lease of a retail space on Camp Road. Trey Lucy and Kevin Shields of Belk Lucy represented the landlord in the lease of 4,255 square feet in Suite B at 1234-1238 Camp Road on James Island to Tid...

Robert Pratt of Re/Max Pro Realty represented the seller, Jurisprudence LLC, in the sale of 7,022 square feet of office space at 112 W. 4th North St. in Summerville to Ellie Holdings LLC for $1.5 million. Zach Hines of Spencer Hines Properties represented the buyer.

Other commercial real estate deals in recent days in the Lowcountry include the lease of a retail space on Camp Road. Trey Lucy and Kevin Shields of Belk Lucy represented the landlord in the lease of 4,255 square feet in Suite B at 1234-1238 Camp Road on James Island to Tidewater Carts. Christi Copenhaver of Palmetto Commercial Properties represented the tenant.

Hot Properties highlights recently sold or leased commercial properties in the Charleston region. Send in your transactions using our online form.

Robert Pratt of Re/Max Pro Realty represented the buyer, RLP LLC, in the purchase of 1.16 acres of triple-net ground lease space at 3878 Ladson Road in Ladson from 3878 Ladson Road LLC for $1,472,125. Britt Raymond of SRS Real Estate Partners represented the seller.

Jenna Philipp of Palmetto Commercial Properties represented the landlord, RCB Development, in the lease of 2,704 square feet square of warehouse space at 1750 Signal Point Road.

Jenna Philipp of Palmetto Commercial Properties represented the tenant, Sanders Inc., in the lease of 10,103 square feet of industrial space at 7635 Sandlapper Pkwy, Suite 200, from Sandlapper One Associates LLC. Robert Pratt of Re/Max Pro Realty represented the landlord.

Jing “Julia” Donovan of Coldwell Banker Commercial Atlantic represented the tenant, James Pugh, in the lease of 900 square feet of retail space at 1286 Yeamans Hall Road in Hanahan. The landlord, 1268 Yeamans Hall LLC, was represented by Brent Case of Coldwell Banker Commercial Atlantic. The retail business will be a liquor store.

Christi Copenhaver of Palmetto Commercial Properties LLC represented the tenant, Tidewater Carts, in the lease of 4255 square feet of retail space in Suite B at 1238 Camp Road in Charleston from Christi Copenhaver. Kevin Shields and Trey Lucy of Belk Lucy represented the landlord.

David Newman of Harbor Commercial Partners represented the tenant, Formula Automatic Door Co. Inc., in the lease of 2,755 square feet of office space at 2671 Spruill Ave., Unit C, in North Charleston from 2681 Spruill LLC. Clarke Attaway of Lee & Associates represented the landlord.

Jing “Julia” Donovan of Coldwell Banker Commercial Atlantic represented the tenant Vape FX LLC in the lease of 900 square feet of retail space at 1288 Yeamans Hall Road in Hanahan. The landlord, 1268 Yeamans Hall LLC, was represented by Brent Case of Coldwell Banker Commercial Atlantic. The retail business will be a vape shop.

Disclaimer:

This website publishes news articles that contain copyrighted material whose use has not been specifically authorized by the copyright owner. The non-commercial use of these news articles for the purposes of local news reporting constitutes "Fair Use" of the copyrighted materials as provided for in Section 107 of the US Copyright Law.
,