Contact Us Today 678-344-5342


Why Should I Consider a Trust Instead of a Will in Georgia?

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

Every adult in Georgia with assets and loved ones must think critically about estate planning. While most people are familiar with wills, trusts are a legal tool that should not be overlooked. Let's delve into the details and understand why, in some cases, considering a trust over a will can be a smart move in the Peach State.

The Versatility and Control Offered by Trusts

A trust is a legal arrangement allowing you (the trustor) to entrust an individual or a firm (the trustee) to manage your assets for the benefit of your designated beneficiaries. One significant advantage of trusts is the level of control they offer over how and when your assets will be distributed. For instance, you might want to set up a trust that disburses funds to your children only when they reach a certain age or achieve specific milestones. Trusts allow you this kind of detailed oversight, ensuring that your wishes are met to the letter. Moreover, trusts offer versatility in managing a wide array of assets, be it real estate, investments, or personal belongings.

The Privacy and Efficiency of Trusts

Unlike wills, trusts do not become part of the public record, thereby affording a level of privacy to the trustor and the beneficiaries. Your financial matters and the details of your assets remain confidential, shielded from public scrutiny. This privacy can be particularly beneficial if you wish to avoid potential disputes or tensions among heirs after your passing. Furthermore, trusts can bypass the time-consuming and often costly probate process, facilitating a smoother, quicker transfer of assets to your beneficiaries. This efficiency means your loved ones can access their inheritances without unnecessary delays, alleviating potential financial pressures they might face during a difficult time.

Financial Benefits and Protections

Trusts can offer robust financial protections, and some types of trusts help to shield your assets from creditors and legal judgments. By strategically setting up irrevocable trusts, you can ensure the preservation of your estate for your beneficiaries, safeguarding their future financial well-being. Moreover, well-structured trusts can facilitate substantial tax savings, potentially reducing estate and gift taxes. It is a prudent financial tool that, when utilized wisely, can optimize the financial benefits for your heirs, ensuring that they receive the maximum possible inheritance from your estate.

When is a Will a Better Option?

A will becomes a favorable choice when you have straightforward estate planning needs. If you are at a stage in life where you are starting out, or have a younger family, a will-based may be an appropriate choice because it allows you to name guardians for your minor children, something a trust doesn't permit. Moreover, drafting a will is generally less complex than creating a trust, making it a preferred choice for individuals with limited assets or simpler asset structure who want a lower attorney's fee for their estate planning work.

Harmonizing Wills and Trusts for a Comprehensive Approach

Interestingly, trusts and wills can work together to form a robust and comprehensive estate plan. For instance, you can create a pour-over will, which essentially directs that any assets not included in your trust at the time of your death should be transferred to your trust. This way, you ensure that all your assets are distributed according to the terms set out in your trust, providing a safety net to catch any assets inadvertently left out of your trust. It is also worth noting that while trusts can handle only assets transferred into them, wills can encompass all your assets (that are not already in a trust), serving as a kind of catch-all for assets not placed in a trust.

Crafting the Right Estate Plan with Peach State Wills & Trusts

Whether it is a trust, a will, or a combination of both, the essential factor is crafting an estate plan that aligns with your goals, values, and the needs of your loved ones. The estate planning process is highly personal, and what works for one person might not work for another. Navigating the complexities of estate planning can feel overwhelming, but you don't have to do it alone. Reach out to Peach State Wills & Trusts at 678-344-5342 to learn how to plan for a secure and well-strategized future in Georgia today.

 If you have any questions about estate planning in Georgia, you can download our free guide here, no strings attached. Let us aid you in making informed decisions that stand to benefit you and your loved ones for generations to come.

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).


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

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.

Contact us today to schedule an appointment.