Probate Lawyer in Woodruff, 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 Woodruff, 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 Woodruff, 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 Woodruff, SC
Probate Lawyer Woodruff, 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 Woodruff, 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 Woodruff, 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 Woodruff, 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 Woodruff, SC

LAST CALL: Bar owners host town halls to raise awareness of rising liquor liability rates

Bars and music venues are sounding the alarm about a problem they say has flown under the radar, but it causing businesses to close Infinite Scroll Enabled Reporter GET LOCAL BREAKING NEWS ALERTSThe latest breaking updates, delivered straight to your email inbox.Your Email AddressPri...

Bars and music venues are sounding the alarm about a problem they say has flown under the radar, but it causing businesses to close

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WOODRUFF, S.C. —

Bars and music venues are sounding the alarm about a problem they say has flown under the radar, but it causing businesses to close.

Your local watering hole could be in jeopardy because of rising liquor liability insurance costs.

Related: Rising liquor liability rates leaving South Carolina bars high and dry and stuck with bill

On Wednesday, the two town halls were held at local bars in the Upstate. All to spread awareness of rising liquor liability insurance costs.

Ben Harrison is the owner of Tap 3 Bar in Woodruff, South Carolina. He said their costs have gone up 35% in the last three years, and it’s getting harder to book music acts each week.

"When you’re a music venue, it's even harder because you’re paying musicians each and every week without a cover charge, so that's coming right off the bottom line," Harrison said.

Decisions like these hurt musicians like Tony Slaughtur.

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"Once you get those locked that you rotate in and out, that's your income and that's what you’re depending on. Once those get taken away, then you have to search for more," Slaughtur said.

So both are coming together to fight for change.

"It starts one place and it ends somewhere else. It’ll first get the little bars and small bars. Then it’ll go after the big ones. They're going to offset the cost in some way. Your drink is going to be more. Your food is going to be more. Then you got less customers coming in," Slaughtur said.

South Carolina state Sen. Shane Martin said this issue has the attention of lawmakers.

"The general assembly, the House and Senate are becoming increasingly aware of this issue and how it's impacting their bottom line. I think the more they're out having senators and house members in their business, hearing from them directly over these next couple of months it's going to give us all the energy we need," Martin said.

However, the clock is ticking, and if things don’t change, it could be their last call.

"Unless we get some kind of insurance reform together and the legislatures come across something that makes sense for everybody, then we’re going down," Slaughtur said.

There is a bill that hopes to address this issue. That bill is H.4529. It is currently in the committee.

BMW Group Begins Building Construction at Plant Woodruff.

Woodruff, S.C. – Construction of BMW’s high-voltage battery assembly plant in Woodruff, South Carolina, has started. BMW management joined representatives from the city of Woodruff, Spartanburg County, and Evans Construction on October 5 for a ceremonial beam signing celebrating the first steel to be erected at the site. After the signing, workers immediately installed the first beam and started construction of the state-of-the-art facility.“Today, we literally begin to build our legacy as we start the constru...

Woodruff, S.C. – Construction of BMW’s high-voltage battery assembly plant in Woodruff, South Carolina, has started. BMW management joined representatives from the city of Woodruff, Spartanburg County, and Evans Construction on October 5 for a ceremonial beam signing celebrating the first steel to be erected at the site. After the signing, workers immediately installed the first beam and started construction of the state-of-the-art facility.

“Today, we literally begin to build our legacy as we start the construction of Plant Woodruff,” said Dr. Robert Engelhorn, president and CEO of BMW Manufacturing. “This BMW plant will play an important role for the future of electric mobility at Plant Spartanburg and in the United States.”

The BMW Group announced one year ago that it would invest $1.7 billion in its U.S. operations, including $1 billion to prepare the Spartanburg plant for the production of fully electric vehicles and $700 million to build a new high-voltage battery assembly plant in Woodruff. By 2030, the BMW Group will build at least six fully electric models in the U.S.

When completed in 2026, Plant Woodruff will produce the sixth-generation batteries to supply fully electric vehicles at nearby BMW Manufacturing. The Woodruff facility, located on 315 acres near the city, will be more than one million square feet in size and includes construction of a technology building and support buildings such as a cafeteria, fire department, and energy center. It will be state-of-the-art in terms of sustainability, flexibility, and digitalization. More than 300 jobs will be created onsite with the opportunity to grow.

As part of the BMW Group’s “local for local” approach, the company will purchase battery cells for its electric vehicles from partner AESC, which is building a new 30 GWh battery cell factory in Florence, South Carolina, with BMW as its first customer. AESC broke ground for its new plant on June 7. They will produce newly developed round lithium-ion battery cells, specifically designed for the sixth generation of BMW eDrive technology. Battery cells produced at the AESC facility in Florence will be shipped to Plant Woodruff, where the cells will be used to manufacture batteries for fully electric BMW X models at Plant Spartanburg.

Since 1992, the BMW Group has invested nearly $12.4 billion in its South Carolina operations. BMW Manufacturing is the largest BMW Group plant in the world, producing more than 1,500 vehicles each day. The plant is an important part of BMW’s global production network and plays a critical role in meeting the high demand for BMW Sports Activity Vehicles and Coupes in the U.S. and around the world. Nearly 60 percent of its vehicles are shipped to about 120 global markets, making BMW the largest automotive exporter by value in the United States for nine consecutive years. In 2022, approximately 60 percent of BMW vehicles sold in the U.S. came from Plant Spartanburg. The model portfolio includes six top-selling BMW X models, five Motorsport X models, and three plug-in hybrid electric vehicle X models. The factory has an annual production capacity of up to 450,000 vehicles and employs more than 11,000 people.

Conner Flynn’s Public House opens in fast-growing Woodruff

There’s nothing like a hearty bowl of Guinness stew or a serving of shepherd’s pie on a brisk fall day.Both are available at Conner Flynn’s Public House at 137 S. Main St. in Woodruff, which opened Oct. 27.“We were just slammed. You know, there’s just been a great expectation in the community,” said co-owner V...

There’s nothing like a hearty bowl of Guinness stew or a serving of shepherd’s pie on a brisk fall day.

Both are available at Conner Flynn’s Public House at 137 S. Main St. in Woodruff, which opened Oct. 27.

“We were just slammed. You know, there’s just been a great expectation in the community,” said co-owner Van Broad.

Opening an Irish public house was a lifelong dream for Broad. He teamed up with Maverick Biscuit and Travinia Kitchen and Italian Wine Bar restaurateurs Charles Sutter and brothers Sergio and Rico Briceño to make it a reality. From there, they brought in Jeff Slater and Kyle Frair, who owns the building.

Each piece of Conner Flynn’s has heart in it. The name is a nod to the maiden name of Broad’s late wife, June Conner Broad. The tables and bar were built by Sutter.

“In Ireland, our pub is like your house, so Conner Flynn’s Public House,” Sutter said.

Conner Flynn’s stacked menu is the brainchild of Sergio Briceño, Charles Sutter and executive chef Shawana “Smoov” Gates.

“I love cooking. I’ve got a passion to it. So every plate that I create, it comes from love,” Briceño said. “We always have a thing that we always joke about in the kitchen. We cook with love to make something sexy.”

The bar manager, Kevin Araya, developed a cocktail program that he describes as the classics with a twist.

“We try to make them fun. Not too complex. And yet, they’re delicious,” Araya said. Seasonal specials will be offered, as well.

Like any good Irish pub, Conner Flynn’s carries a strong selection of whiskeys, including Conor McGregor’s Proper 12 and Yellow Spot.

Next door, the Briceño brothers will bring another location for Maverick Biscuit. It’s just the latest edition in the rapidly growing town in southern Spartanburg County.

“Somebody said, ‘What, what are y’all doing in Woodruff?’ And I said, ‘We’re jumping on a moving train!'” Broad said.

Conner Flynn’s is open seven days a week – Sunday through Thursday from 11 a.m. to 9 p.m., and Friday and Saturday from 11 a.m. to midnight.

BMW Group Breaks Ground on New High-Voltage Battery Assembly Factory in South Carolina.

Woodruff, S.C. The BMW Group took a major step on Tuesday towards building electric vehicles in the United States as it broke ground for a new high-voltage battery assembly plant in Woodruff, South Carolina. Named “Plant Woodruff,” the BMW facility will produce sixth-generation batteries to supply fully electric vehicles at nearby BMW Manufacturing in Spartanburg. More than 300 jobs will be created onsite at Plant Woodruff with the opportunity to grow.“We're making the BMW Group electric. Our new battery assem...

Woodruff, S.C. The BMW Group took a major step on Tuesday towards building electric vehicles in the United States as it broke ground for a new high-voltage battery assembly plant in Woodruff, South Carolina. Named “Plant Woodruff,” the BMW facility will produce sixth-generation batteries to supply fully electric vehicles at nearby BMW Manufacturing in Spartanburg. More than 300 jobs will be created onsite at Plant Woodruff with the opportunity to grow.

“We're making the BMW Group electric. Our new battery assembly plant in Woodruff will soon play an important role in our electric future here in the USA,” said Ilka Horstmeier, Member of the Board of Management of BMW AG responsible for Human Resources and Real Estate. “Through the Woodruff plant, we expand our footprint in the state of South Carolina. At the same time, we are taking our associates with us in this transformation. Our new Technical Training Center at the Spartanburg plant will prepare our 11,000 associates for the future. In this way, we are taking responsibility as a reliable employer and offer future-proof jobs at the same time.”

“Today’s groundbreaking is the start of a new era at Plant Spartanburg as we prepare to produce fully electric BMW X models for the world,” said Dr. Robert Engelhorn, president and CEO of BMW Manufacturing. “The road to the future begins here in Woodruff as we build on our legacy of producing high-quality vehicles right here in the U.S. Plant Woodruff will be state-of-the-art in terms of sustainability, flexibility, and digitalization.”

Last October, BMW Group Chairman Oliver Zipse announced a new $1.7 billion investment in its U.S. operations, including $1 billion to prepare Plant Spartanburg for the production of fully electric vehicles and $700 million to build a new high-voltage battery assembly plant. The Woodruff facility, located on 315 acres near the city, will be more than one million square feet in size that includes construction of a technology building and support buildings such as a cafeteria, fire department, and energy center.

“I am proud to celebrate BMW’s groundbreaking for Plant Woodruff. This new high-voltage battery assembly factory once again proves that South Carolina is a leader in the EV industry and furthers our reputation as an automotive powerhouse,” said Governor Henry McMaster. “We look forward to continuing our strong partnership with BMW as they continue to help move South Carolina forward.”

“BMW continuously recognizes the many possibilities of doing business in South Carolina,” said Secretary of Commerce Harry M. Lightsey III. “The company’s innovation, fueled by the highly skilled workforce that our state provides, means Plant Woodruff will help drive future growth that will impact the entire state. Congratulations, BMW!”

BMW Group’s “Local for Local” Principle

As part of the BMW Group’s “local for local” approach, the company will purchase battery cells for its electric vehicles from partner AESC, which is building a new 30 GWh battery cell factory in Florence, South Carolina, with BMW as its first customer. AESC broke ground for its new plant on June 7. They will produce newly developed round lithium-ion battery cells, specifically designed for the sixth generation of BMW eDrive technology. The new battery format will increase energy density by more than 20 percent and improve charging speed and range by up to 30 percent. At the same time, CO2 emissions from cell production will be reduced by up to 60 percent through the partial use of secondary lithium, cobalt, and nickel material, as well as renewable energy for production.

Battery cells produced at the AESC facility in Florence will be shipped to Plant Woodruff, where the cells will be used to manufacture batteries for fully electric BMW X models at Plant Spartanburg. By 2030, Plant Spartanburg will build at least six fully electric BMWs.

Upskilling the BMW Workforce.

The new BMW Technical Training Center (TTC), which opened in October, will play a critical role in preparing associates to build fully electric vehicles. Plant Spartanburg already produces three plug-in hybrid electric vehicles – the BMW X3 xDrive30e, BMW X5 xDrive50e, and the BMW XM – and several hundred associates already have EV training. The TTC will be at the center of all EV training for North and South America to ensure associates master the skills to set new industry standards.

“Our job is to put together a toolbox for our associates that will be the foundation for a full and satisfying career at BMW,” said Sherry McCraw, vice president of Human Resources. “We must capitalize on our team’s existing skill sets, support them with the appropriate training, and ensure they are well equipped for the EV journey ahead.”

Using Sustainable Methods at Plant Woodruff

The BMW Group’s philosophy of promoting sustainability in all its facilities will be promoted at the Woodruff plant as well. This was important in the building’s design and use of equipment. Some of the innovations include:

Since 1992, the BMW Group has invested nearly $12.4 billion in its South Carolina operations. BMW Manufacturing is the largest BMW Group plant in the world, producing more than 1,500 vehicles each day. The plant is an important part of BMW’s global production network and plays a critical role in meeting the high demand for BMW Sports Activity Vehicles and Coupes in the U.S. and around the world. Nearly 60 percent of its vehicles are shipped to about 120 global markets, making BMW the largest automotive exporter by value in the United States for nine consecutive years. In 2022, approximately 60 percent of BMW vehicles sold in the U.S. came from Plant Spartanburg. The model portfolio includes six top-selling BMW X models, five Motorsport X models, and three plug-in hybrid electric vehicle X models. The factory has an annual production capacity of up to 450,000 vehicles and employs more than 11,000 people.

What's the status of the Woodruff Road widening and construction projects? Ask Angelia

Question 1: Can you provide an update on the status of the SC 146 (Woodruff Road) Safety Improvements Project in Greenville County? Is construction still on schedule to begin later this year?Question 2: Could you please provide an update on the road widening project on Woodruff Road in Five Forks? It seems like weeks or months have passed with very little visible progress, and the project is long past due for completion. The traffic delays are torture to those of us who liv...

Question 1: Can you provide an update on the status of the SC 146 (Woodruff Road) Safety Improvements Project in Greenville County? Is construction still on schedule to begin later this year?

Question 2: Could you please provide an update on the road widening project on Woodruff Road in Five Forks? It seems like weeks or months have passed with very little visible progress, and the project is long past due for completion. The traffic delays are torture to those of us who live or commute through here.

Answers: In response to the first question regarding the Woodruff Road Safety Improvement Project, contractors will start bidding on that work on October 1.

If the bid is awarded in October, a preconstruction conference and Notice to Proceed may be issued in November, state Department of Transportation spokesman Pete Poore said in an email. The contractor’s schedule, and local weather, will determine when construction will begin, he said.

“We’ll have a better idea of the construction start date after the contract award and preconstruction conference," Poore said.

For those unfamiliar with the planned Safety Improvement Project, the focus will be on Woodruff Road from Roper Mountain Road to Bagwell Road.

The improvements planned include the installation of concrete medians in areas with high frequency of angle crashes, ADA-compliant pedestrian ramps, crosswalks, and countdown pedestrian signals at signalized intersections as well as upgraded signal equipment and intersection operations to improve safety.

Regarding the second question, about the widening of Woodruff Road between Scuffletown Road and Bennetts Bridge Road, or State 296, that work is slated for completion next month.

Poore told The Greenville News in December 2020 that the project should be completed in November 2021. In October 2021, he said the project had experienced "an extraordinary number of underground utility conflicts. "

But, weather permitting, it is now scheduled to be completed this October. Poore said concrete work has been ongoing for several weeks, with the contractor on site performing work daily. Paving of the final asphalt surface was set to begin last week.

Do you have a question you want answered? Send it to me at davisal@gannett.com or via mail to Angelia Davis, 32 E. Broad St., Greenville SC, 29601.

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