The Hive Law Journal
Written by attorneys. Organized by the situations families actually face.
A standard estate plan — a will, maybe a basic trust — is designed for someone with a house, a retirement account, and a bank account. It is not designed for someone with multiple rental properties, one or more LLCs, out-of-state holdings, and a portfolio that needs to keep running after they die. The gap […]
Read ArticleYour spouse knows the properties. They may have helped manage them for years. But legal authority to act on a property and practical familiarity are different things. Without the right documents in place, your spouse has no legal authority to collect rent, sign leases, authorize repairs, or deal with the mortgage on a property you […]
Read ArticleGeorgia allows a beneficiary deed — a deed that names who gets a property when you die, outside of probate. For a single property with a simple beneficiary situation, this tool is straightforward. For a real estate investor with multiple properties, LLCs, and a portfolio that needs ongoing management, a beneficiary deed solves one problem […]
Read ArticleA trust only protects what is inside it. For Georgia rental properties to be covered by a revocable living trust, a new deed must be recorded transferring ownership from your name to the trust. Signing the trust document is not enough. The deed transfer is the step that makes it work. Our firm has seen […]
Read ArticleTwo separate problems come with owning rental properties in your personal name. One happens during your lifetime. The other happens when you die. Most Georgia investors know about the first one. The second one catches more families off guard. The Liability Problem During Your Lifetime A tenant trips on a loose stair and is injured. […]
Read ArticleA Georgia real estate investor who owns properties in Georgia, Florida, and Tennessee does not face one probate proceeding when they die. They face three — one in each state where real property is titled. Each proceeding has its own court, its own timeline, its own attorney fees, and its own rules. Most Georgia investors […]
Read ArticleAn LLC not connected to a trust is an asset that goes through probate when you die. The LLC entity continues. Your ownership interest does not automatically transfer to anyone. Connecting them requires a specific legal step — an assignment of your membership interest to the trust. This is not the same as signing a […]
Read ArticleAn LLC and a trust are not alternatives. They solve different problems at different times. Choosing between them is a false choice for most Georgia real estate investors. An LLC protects you during your lifetime. A trust protects your family after you die. Most investors need both. What an LLC Does An LLC — a […]
Read ArticleThe LLC does not disappear when you die. The entity continues. But your ownership interest — your membership interest — is now in your estate. What happens next depends entirely on what your operating agreement says and whether the interest was inside a trust. Most Georgia investors with LLCs have not answered either of those […]
Read ArticleThe day you die, your rental properties do not transfer automatically to anyone. They go where the title says. For most Georgia investors, that means probate. There is no automatic transfer. There is no grace period. The properties sit frozen until a court gives someone authority to act. That process takes 9 to 18 months. […]
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