Probate Lawyer in Wellford, 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 Wellford, 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 Wellford, 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 Wellford, SC
Probate Lawyer Wellford, 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 Wellford, 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 Wellford, 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 Wellford, 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 Wellford, SC

Investigators detail horrifying abuse of Upstate 8-year-old girl

WELLFORD, S.C. (FOX Carolina) - The Spartanburg County Sheriff’s Office arrested four adults on child abuse charges after a doctor said a young girl’s injuries met the criteria for a medical diagnosis of child torture.According to the sheriff’s office, on Sept. 2, deputies responded to Waspnest Road to assist the Department of Social Services (DSS) with a detailed child abuse allegation that the agency had received from an anonymous source.Deputies say, upon arrival, they were informed by a caseworker that DSS...

WELLFORD, S.C. (FOX Carolina) - The Spartanburg County Sheriff’s Office arrested four adults on child abuse charges after a doctor said a young girl’s injuries met the criteria for a medical diagnosis of child torture.

According to the sheriff’s office, on Sept. 2, deputies responded to Waspnest Road to assist the Department of Social Services (DSS) with a detailed child abuse allegation that the agency had received from an anonymous source.

Deputies say, upon arrival, they were informed by a caseworker that DSS had come out to the home on several occasions to investigate, but the four adults at the home had hidden the victim, an 8-year-old girl.

Four children of various ages were found in the home, but the girl had a noticeable limp and temporary tattoos covering multiple visible bruises on both legs, deputies say.

The four adults were identified as the girl’s father 25-year-old Ian Tatro, 24-year-old Tenika Draper, 47-year-old Trina Rae Draper and 28-year-old Ryan Dezotelle, who all recently moved to Spartanburg County from Vermont.

Full bond hearing for suspects:

Bond hearing for four suspects charged after an 8-year-old girl was tortured according to investigators.

Tenika Draper admitted to putting makeup on the victim’s leg to cover up the bruising once DSS started coming to the house.

During a bond hearing on Friday, the solicitor’s office said multiple family members made the girl eat cat feces and cat food. The child had scars on her knees from kneeling in a crate and was beaten with boards, cords and a frying pan, according to the solicitor’s office.

The solicitor’s office said the victim’s father gave her laxatives and made her wear pull-ups. He reportedly told the child he “wished he could kill her and get away with it.”

A spokesperson for the solicitor’s office said the victim told investigators when she was rescued, “This is the best day of my life.”

The sheriff’s office said all four children were placed into emergency protective custody with DSS and the victim was taken to the hospital and admitted due to the extent of her bruising and blood loss concerns.

She spent two days in the hospital after she was removed from the home.

Deputies say medical personnel and one of the investigators spoke with the victim at the hospital where more detailed information was discovered.

It was also discovered, after the evaluation of a forensic doctor, that the 8-year-old girl met the criteria for a medical diagnosis of child torture.

A search warrant was also executed at the house which led to the discovery of more evidence that further corroborated the victim’s disclosure.

The four suspects are charged with the following:

During bond hearings on Friday, a judge said none of the suspects can return to the home where the abuse occurred or have contact with any of the children. They were all placed on GPS monitoring and will be on home detention if they bond out of jail.

Copyright 2022 WHNS. All rights reserved.

Hunt Midwest to Build Logistics Center in South Carolina

Hunt Midwest is planning its first development in the Greenville-Spartanburg area of South Carolina, with an industrial project in Wellford, S.C. The company has already started construction on Fort Prince Logistics Center and is planning to have it ready for occupancy in the fourth quarter of 2022.The 476,280-square-foot industrial project will be located on a 47-acre site at 1090 Fort Prince Blvd. Hunt Midwest is planning to construct Fort Prince Logistics Center with 48 dock positions with 36-foot clear height, a 1...

Hunt Midwest is planning its first development in the Greenville-Spartanburg area of South Carolina, with an industrial project in Wellford, S.C. The company has already started construction on Fort Prince Logistics Center and is planning to have it ready for occupancy in the fourth quarter of 2022.

The 476,280-square-foot industrial project will be located on a 47-acre site at 1090 Fort Prince Blvd. Hunt Midwest is planning to construct Fort Prince Logistics Center with 48 dock positions with 36-foot clear height, a 135-foot-deep truck court, mechanical dock equipment, ESFR sprinkler system, motion-sensor LED lighting, up to 125 tractor trailer parking stalls and 189 surface parking stalls with the option to expand to 385.

READ ALSO: Industrial Capital to Remain Abundant: Q&A With CBRE

Tony Borchers, vice president of acquisitions and development for Hunt Midwest, said in prepared remarks that the project will allow for maximum flexibility for logistics, manufacturing and distribution users.

Hunt Midwest tapped Seamon Whiteside for civil engineering, LS3P for building design and Evans General Contractors as the project’s general contractor. Colliers’ John Montgomery, Garrett Scott, Brockton Hall and Dillon Swayngim will be in charge of leasing for Fort Prince Logistics Center.

Michael Bell, senior vice president of commercial real estate for Hunt Midwest, said in prepared remarks that the company was drawn to the area’s highly skilled labor force and the property’s location, which has the ability to reach 244 million customers within two-day shipping.

Fort Prince Logistics Center will have nearby access to Interstate 85, Inland Port Greer, GSP International Airport and a BMW plant along I-85 in Greer, S.C. The project will also be next to Walmart’s $450 million investment into a 720,000-square-foot distribution facility that’s expected to be complete in 2024. Like Hunt Midwest, Rockefeller Group recently entered South Carolina’s Greenville/Spartanburg market, with a three-building industrial project totaling 827,000 square feet.

Bullish on Southeastern industrial

While working on Fort Prince Logistics Center, Hunt Midwest said it’s already planning other developments in the area. The company told Commercial Property Executive that it currently has another property under control for an additional 2.7 million square feet in the Greenville-Spartanburg market and will continue to pursue other land opportunities for more developments.

Since Hunt Midwest has already had success in the Midwest and the South, the company is planning to also expand its footprint further into the Southeastern region of the U.S. The company told CPE that it’s also pursuing opportunities in Charleston, S.C., Louisville, Ky., Savannah, Ga., and central Florida. Overall, Hunt Midwest has seen more than 2,500 acres of industrial development, with several properties in Kansas City, Mo., where the company is based.

JUMPSTART Restoration Village set to provide housing on Saturday

WELLFORD, S.C. —JUMPSTART is set to hold its grand opening at 9 a.m. on Saturday for the newly built "Restoration Village" in Wellford.The Restoration Village is a 26-acre campus that will feature 24 transitional homes and a large list of amenities for men and women transitioning out ...

WELLFORD, S.C. —

JUMPSTART is set to hold its grand opening at 9 a.m. on Saturday for the newly built "Restoration Village" in Wellford.

The Restoration Village is a 26-acre campus that will feature 24 transitional homes and a large list of amenities for men and women transitioning out of prison back into society."

"JUMPSTART exists to create meaningful opportunities for men and women who are incarcerated,” JUMPSTART Executive Director Cary Sanders said. "This will be a community that will serve 106 men and woman every single year. 125 men and woman are getting out of prison and coming to the upstate every month. For those who get out without any assistance, over 70% of them return to prison within three years nationally. Over the past 10 years, 96% of those who have come through jumpstart are now thriving in the community.”

While the village is not 100% complete, there are several homes that are already built and ready to be lived in.

“Yes, people who’ve committed crimes need to experience justice, but 95% of those who are incarcerated are being released," Sanders said. "So, why not have them be prepared and have a pathway toward a bright future.”

Sanders said there will be staff and cameras on-site to monitor behavior, mandatory drug tests for participants, and assigned mentors. Sanders said with those aspects, the 'Restoration Village' will potentially be a much safer community than some of the surrounding areas, due to strict requirements to live there.

Sanders also said that the housing will no be a handout, but an opportunity that requires work, accountability, and dedication from the participants.

"People without opportunity need opportunity to get on their feet, but once they’re gainfully employed they will pay a program fee because we believe men and women need to own their responsibility for their own care in life.”

With a 96% success rate according to Sanders, the need to help more ex-prisoners getting out as well as demand to become a participant has boosted the 'Restoration Village' project, something that was a few years in the making.

Jennifer Meade, a current JUMPSTART participant, said the organization has changed her life for the better. She said she served time in prison three different times, but now has a new outlook on life.

“I got out March 1, 2022, and I came to JUMPSTART,” Meade said "When I got out the second time, I didn’t have anywhere to go. So, I went back to the same thing I was doing. The first two times I knew nothing about JumpStart, and this last time I knew I had to do something different with my life.”

Meade said she hopes her journey of turning her life around will inspire someone else in a similar situation to make the necessary changes they need to, to put their lives on a positive track.

"You have to put the effort in and give 100%, and you’ll be fine," Meade said.

Sanders said the remainder of the village will rely on support from the community. He hopes to have the village completed in its entirety by 2025.

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Soup Kitchen striving to address food insecurity in Spartanburg Co.

WELLFORD, S.C. (FOX Carolina) - “Breaking Bread for Jesus” says it needs more food.Simply put—the needs for food insecure families continue you grow, in Spartanburg County.When the soup kitchen first started, organizers say it was only serving about 30 to 40 plates a week. Now, that’s more than quadrupled to almost 200 per week. It just goes to show how great need has grown over the years.As soon as volunteers open their doors at 11 a.m., the orders start pouring in. And director Gail Eanes...

WELLFORD, S.C. (FOX Carolina) - “Breaking Bread for Jesus” says it needs more food.

Simply put—the needs for food insecure families continue you grow, in Spartanburg County.

When the soup kitchen first started, organizers say it was only serving about 30 to 40 plates a week. Now, that’s more than quadrupled to almost 200 per week. It just goes to show how great need has grown over the years.

As soon as volunteers open their doors at 11 a.m., the orders start pouring in. And director Gail Eanes says everyone who comes isn’t homeless.

“We don’t ask any questions. We assume when they come in the door that they’re hungry or they know somebody that’s hungry. So, we feed them. That’s what God has called us to do.” said Eanes.

Back in 2015, after volunteering at a different soup kitchen, Eanes realized some families in the Wellford-Duncan-Startex-Jackson-Lyman area needed help. That’s when “Breaking Bread for Jesus” was born.

“We know that it’s getting worse every day,” Eanes said, “There are more and more people that are coming into the doors here. And then, by Thanksgiving, I look for an increase of, at least, 15 percent.”

Volunteers serve the community fresh, home-cooked meals, 365 days a year—since the kitchen started. Some take for themselves. Some take for others, like Glenna “Faye” Holcombe.

“I’m sharing it with my mom, with a neighbor down the street. He cannot get out and drive anymore. So, I take different food to different people,” Mrs. Faye said.

Mrs. Faye says landing on their doorsteps is food is made with love.

“They’re not only concerned about the homeless. They’re concerned about the neighborhood. This is a community program,” Mrs. Faye continues, “And the food is delicious.”

Eanes says, despite setbacks, they will keep breaking bread, until it’s all gone.

“Our pantries are lower, right now, than they have been since we started,” said Eanes.

Mrs. Faye says the community needs it.

“Because of the economy now, everything is very expensive. People are hungry,” said Mrs. Faye, “And you wouldn’t think, in this country that we live in, that hunger would be here, but it’s here.”

“Breaking Bread for Jesus” will serve food on Thanksgiving and Christmas day. The kitchen is in need of food donations, monetary donations, and volunteers. So, if you’re interested, visit their website.

Copyright 2022 WHNS. All rights reserved.

Historic New Hope property in Wellford to be transformed by $50 million mixed-use development

An iconic farm at the intersection of U.S. 29 and Interstate 85 in Wellford will soon be transformed by a $50 million mixed-use project being developed by North Carolina-based Evolve Companies LLC.Evolve at New Hope Farm will involve construction of 280 one-, two-, and three-bedroom apartments on the 23-acre property and the redevelopment of two existing buildings into c...

An iconic farm at the intersection of U.S. 29 and Interstate 85 in Wellford will soon be transformed by a $50 million mixed-use project being developed by North Carolina-based Evolve Companies LLC.

Evolve at New Hope Farm will involve construction of 280 one-, two-, and three-bedroom apartments on the 23-acre property and the redevelopment of two existing buildings into commercial spaces aimed at housing a cafe and a brewery.

The development is the first approved under Spartanburg County’s recently revamped mixed-use zoning designation.

According to John McDonald, development manager for Evolve Companies, the project centers on the historic nature of New Hope Farm, with its origins dating back to a royal land grant in 1774 colonial America.

The existing main house dates from 1885, and McDonald says plans envision converting the structure to serve as a cafe or coffee shop. Plans also include converting the existing barn into a brewery or restaurant concept.

But the heart of the project will be a “grand lawn” green space that will include amenities like walking paths, a dog park, fire pits and a stage area to accommodate live music and movie nights. McDonald also says there are plans for a community garden, which in addition to historic markers planned for different locations on the property will honor the site’s more than 200 years of agricultural heritage.

He adds the idea is to create a welcoming space that is a destination, not only for residents but for members of the public.

“We really want to activate that area,” he says. “New Hope Farm is an iconic property on the Highway 29 corridor. We look forward to sharing it with the community.”

Initial site work has begun with an expected completion date for the project in the third quarter of 2023. SeamonWhiteside of Spartanburg is handling civil engineering for the project, and the architectural design is being done by Planworx Architecture out of Raleigh, North Carolina.

Evolve Companies LLC was named one of the top 25 largest builders in 2022 by the National Multifamily Housing Council, and the company has other projects underway in Simpsonville, Mauldin and Greenville.

Evolve at New Hope Farm fast facts

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