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Should You Have a Will or a Living Trust in Georgia?

Posted by Joel Beck | Jul 14, 2023 | 0 Comments

As an individual embarking on the journey of estate planning, one is often faced with a pivotal decision: "Should I opt for a will or a living trust in Georgia?" This is not a question to be taken lightly, and it is essential to have a clear understanding of the two to make an informed choice. At Peach State Wills & Trusts, we routinely guide individuals through this complex decision-making process. In this article, we aim to demystify these two fundamental estate planning instruments, offering clarity and insight to aid you in making the best decision for your circumstances.

Understanding Wills in Georgia

A will, often referred to as the cornerstone of estate planning, is a legally binding document that lays out your wishes for the distribution of your assets after your death. It lets you dictate who inherits your property and who oversees the distribution process. Moreover, a will allows you to name a guardian for your minor children if the unthinkable happens. This proactive step ensures that you can have peace of mind knowing your children will be cared for by a trusted individual.

In Georgia, creating a will is relatively uncomplicated, and its effectiveness begins only after you pass away. However, it is essential to adhere to the legal requirements to ensure your will is legally valid.

Living Trusts Explained

Now, let's shift gears and focus on living trusts. Unlike a will, a living trust takes effect during your lifetime. Essentially, you place your assets into the trust, and you can continue to use and benefit from these assets while you're alive. Upon your death, these assets are transferred to your designated beneficiaries.

The primary advantage of a living trust is that it allows your estate to bypass the lengthy and sometimes costly probate process. It also provides an extra layer of privacy, as unlike a will, a living trust isn't part of the public record. However, setting up a living trust is more complex and typically more expensive up front than creating a will. It's crucial to weigh the benefits against the potential drawbacks to determine if a living trust is right for your situation.

Choosing Between a Will and a Living Trust

In essence, the choice between a will and a living trust hinges on your personal circumstances, assets, and estate planning goals. Both tools serve vital roles in protecting your assets and ensuring your wishes are carried out.

For many people in Georgia, a will is sufficient. It's straightforward, economical, and covers the essential aspects of estate planning. However, if you have considerable assets, desire privacy, or wish to avoid probate, a living trust might be more fitting. If you own real estate in multiple estates, a living trust can eliminate the need for multiple probate cases after your death, which results in savings of time, energy and money for your family. Certain blended family situations as well as expected extended incapacity situations may also suggest that a living trust is a preferred choice for your planning. Rest assured, no matter which tool you opt for, both a will and a living trust are valid and beneficial in their own ways. The most important thing is to take action and ensure your estate is in order.

Plan for the Future with Peach State Wills & Trusts

Regardless of the size of your estate, planning for the future can seem daunting. But remember, you're not alone. At Peach State Wills & Trusts, we're here to provide guidance and support, ensuring your estate planning meets your needs and reflects your wishes.

Contact us at 678-344-5342 to learn how to plan for the future in Georgia today. If you have any questions about estate planning in Georgia, you can download our free guidehere, no strings attached.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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At Peach State Wills and Trusts, a division of The Beck Law Firm, LLC, we're committed to answering your questions about wills, trusts, powers of attorney, healthcare directives, uncontested probate, and business planning issues in Georgia.

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