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The Question of Trust: Understanding Revocable Living Trusts in Georgia Estate Planning

Posted by Joel Beck | Jul 10, 2023 | 0 Comments

Estate planning can sometimes feel like a maze, leaving many to wonder, "Do I need a trust in Georgia?" It's not a straightforward answer – it depends on your circumstances and goals. A trust isn't mandatory, and nobody will force you to create one. However, in the right situations, it can be an excellent tool for estate planning.

The Ins and Outs of Revocable Living Trusts

To break it down - we're discussing a revocable living trust plan. In essence, you establish this trust during your lifetime and transfer assets into it. By doing so, you remove assets from your name, placing them in the name of the trust. Even though you move your assets, you retain complete control over the trust while you're alive. You can modify it, even dissolve it, and handle the assets as you please. But here's the magic – when you pass away, the assets are owned by the trust, not you. This distinction means your assets bypass the probate process, allowing your successor trustee to manage the trust and distribute assets according to your stipulations.

The Benefits of Revocable Living Trusts

So, why might a trust be a good tool for your estate planning? If you desire your assets to be available for your loved ones swiftly after your death, a trust could be your best option. The probate process in Georgia, while not inherently burdensome, is time-consuming. It can take at least six months or even more than a year for assets to be transferred to your heirs. A trust helps avoid this delay and allows your loved ones to gain control over your assets much quicker.

For blended families, a trust can be invaluable. It allows the trust maker to provide for their spouse after death and then leave assets to children from a previous marriage. Privacy is another compelling reason to consider a trust, as some individuals wish to maintain a degree of confidentiality regarding the distribution of their assets.

Future Incapacity and Out-of-State Property Considerations

Revocable living trusts are also beneficial when planning for future incapacity. In the case of a serious illness or disability, a trust bypasses the need for a conservatorship or someone to manage assets under a power of attorney. The successor trustee can step in to manage the trust and assets, providing for the trust maker.

Another example where trusts can be beneficial is for out-of-state property ownership. If you own property outside Georgia not held in a trust, you will likely need a secondary probate process in that state. Probate processes in other states may not be as straightforward as in Georgia, making a trust-based plan a wise choice.

Committing to a Trust-Based Plan

If you opt for a trust, it's imperative that you fully commit to the process. This means actively funding the trust. Essentially, you are required to transfer your assets from your personal possession into the trust's ownership. This includes your tangible assets such as real estate, bank accounts, and investments as well as intangible assets such as intellectual property. The process, also known as 'funding the trust,' requires meticulous attention to detail and careful handling.

Moreover, this process doesn't end with just the creation of the trust or transferring assets into it. It also involves the careful management of the trust in accordance with the rules and guidelines laid out in the trust agreement. This includes following the provisions set out in the trust, whether they concern the distribution of assets, management of the trust properties, or other outlined measures.

The successful execution and handling of these processes are integral to fully reaping the advantages offered by a trust-based plan. An improperly managed or unfunded trust can significantly diminish its benefits, potentially leaving it as a sophisticated tool that falls short of achieving its intended objectives. By fully investing time and effort into a trust, you can ensure that it serves its purpose in supporting your estate planning goals.

Reach Out to Peach State Wills & Trusts

It's essential to understand your options and choose what best suits your needs. At Peach State Wills & Trusts, we help guide you through the complexities of estate planning. If you have questions about estate planning in Georgia, we invite you to download our free guide here, no strings attached. And to learn how to plan for the benefits of Revocable Living Trusts in Georgia today, please contact us at 678-344-5342. We're here to support you in your journey, making the estate planning process as straightforward and stress-free as possible.

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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