Estate Planning

Estate Planning Attorney Atlanta, Georgia

Find Out Where You Stand

What Does an Atlanta Estate Planning Attorney Do?

An Atlanta estate planning attorney creates legally binding documents (trusts, wills, powers of attorney, and healthcare directives) that transfer your assets to the right people without court involvement. For Atlanta residents, this means avoiding Fulton County Probate Court, protecting a home that may have tripled in value, and making sure your family knows exactly what to do when something happens.

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Why Atlanta Residents Need an Estate Plan

Atlanta’s intown neighborhoods have seen extraordinary property appreciation. Homeowners in Buckhead, Virginia-Highland, Inman Park, Grant Park, and Midtown who paid $150,000 in the 1990s may now have estates worth $600,000 or more. Without a trust, that property enters Fulton County Probate Court when they die.

Fulton County handles one of the highest volumes of estate cases in Georgia. Probate routinely takes 12 to 18 months. Court fees, attorney fees, and administrative costs typically consume 3% to 8% of the estate’s gross value. A revocable living trust bypasses probate entirely. Your family receives your assets without a court hearing, without delay, and without those costs.

Atlanta also has a high concentration of blended families, same-sex couples, unmarried partners, and non-biological parents. Georgia law does not recognize informal family relationships. Without a trust or will that names your intended beneficiaries, the people who matter most to you may receive nothing under the state’s default distribution rules.

What Georgia Law Does If You Die Without a Plan

If you die without a will in Georgia, the state’s intestacy statute decides who gets your assets. Georgia distributes your estate to your closest living relatives. These may not be the people you would have chosen, or the proportions you intended.

Common consequences for Atlanta families without an estate plan:

  • A blended-family home is tied up in probate for over a year while your spouse and children from a prior relationship dispute ownership in court
  • Your unmarried partner receives nothing, because Georgia gives them no legal standing without a will
  • Minor children’s assets are managed by the court until they turn 18, then distributed in full with no restriction
  • Business interests pass to heirs who cannot run them, often destroying the business
  • Your Fulton County home must go through a public court process before it can be transferred to anyone

Estate Planning Services for Atlanta, Georgia Families

The Hive Law provides the following services to Atlanta-area clients. All services are flat-fee, so you know the cost before we begin.

  • Revocable Living Trust. Keeps your Atlanta home and financial accounts out of Fulton County Probate Court. Works for single people, married couples, and blended families.
  • Last Will & Testament. Names guardians for minor children, directs your executor, and establishes your wishes. Required even when you have a trust.
  • Financial Power of Attorney. Designates a trusted person to manage your finances if you become incapacitated.
  • Healthcare Directive. Documents your medical treatment preferences and names a healthcare agent to make decisions for you.
  • Medicaid Planning. Protects your assets if you or your spouse need long-term care. Critical for Atlanta homeowners with significant equity.
  • Business Succession Planning. For Atlanta business owners, this ensures your company transfers to the right people without court involvement or operational disruption.
70% Georgians who die without a valid estate plan
12–18 mo Typical Georgia probate cost without a trust
$15,000+ Typical Georgia probate cost without a trust

Why Atlanta Families Choose The Hive Law

The Hive Law is an Atlanta-area estate planning law firm led by Melissa Breyer, a Georgia-licensed attorney who focuses exclusively on estate planning, elder law, and probate. We work with Atlanta clients every day, including homeowners in Buckhead, families in Virginia-Highland, small business owners throughout metro Atlanta, and retirees protecting what they spent a lifetime building.

Flat-Fee Pricing — No Surprises

Every service has a flat fee, quoted before we start. Most Atlanta clients pay between $1,500 and $3,500 for a complete estate plan. You will never receive an unexpected bill. To put this in context: the average cost of going through Fulton County Probate Court without a trust is $15,000 or more, and it takes 12 to 18 months.

The Design Meeting

Every engagement starts with a free strategy call. If it’s a fit, the next step is a 60-minute Design Meeting with us. You leave with a clear picture of what you have, what would happen to it today without a plan, and exactly what a proper plan looks like for your family. We give you a flat-fee quote that day. The Design Meeting is a working session, not a sales call.

A Husband-and-Wife Team

Shawn and Melissa Breyer founded The Hive Law together. Melissa is the attorney. Shawn handles client experience and operations. You work with both of them, not with a junior associate you haven’t met. We serve clients throughout Atlanta including Buckhead, Midtown, Inman Park, Sandy Springs, Decatur, Brookhaven, Dunwoody, Johns Creek, Alpharetta, and Marietta.

How It Works

1

A 15-Minute Call With Shawn

Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.

2

The Design Meeting With Shawn and Melissa

In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.

3

Review Every Document With Melissa

Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.

4

Your Plan Is Complete

Melissa delivers your completed documents and explains exactly what your family needs to do. You leave knowing your plan is in place and your family is protected.

Melissa Breyer

Melissa Breyer

Georgia Estate Planning Attorney

Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.

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Frequently Asked Questions

Your estate goes to the probate court in the county where you legally lived. Atlanta sits mostly inside Fulton County, and part of the city falls inside DeKalb County, so the answer follows your address and not your mailing city. A funded revocable trust keeps your assets out of that court either way, which is why the county question stops mattering once the trust owns the property.

A deed held with survivorship language does pass the home to the surviving spouse without probate. Georgia requires that language to actually appear on the deed, under O.C.G.A. 44-6-190, so it is worth reading yours rather than assuming. What survivorship does not solve is the second death. When the surviving spouse dies, the house sits in one name with no co-owner left, and it goes through probate then unless a trust owns it.

Recording the deed costs a flat $25 in Georgia. That fee is set by O.C.G.A. 15-6-77(f)(1)(A)(i), so it is the same in Fulton, in DeKalb, and in every other county, and it does not rise with the number of pages. Moving your own home into your own trust is not a sale, so it does not trigger Georgia transfer tax under O.C.G.A. 48-6-2(a)(9). The Hive Law prepares the deed and records it as part of your package.

Your lender cannot call the loan for that reason. Federal law blocks it. 12 U.S.C. 1701j-3(d)(8) bars a due on sale clause when you move a home into your own living trust and stay a beneficiary, and that protection covers residential property with fewer than five units. The step families do forget is telling the insurance company, so the trust gets added to the homeowners policy.

Georgia gives an unmarried partner nothing by default. The intestacy rules send your estate to blood relatives, so a partner of twenty years can be left with no legal claim to a house they helped pay for. Naming your partner in a trust, and holding the deed the right way, is the only way to make the outcome match what you actually intend.

Georgia divides the estate between your spouse and your children when there is no will. Under O.C.G.A. 53-2-1(c)(1), your spouse shares equally with the children and can never receive less than a one third share. With no children or grandchildren, your spouse takes everything. Georgia also has no elective share, so your spouse cannot claim a set percentage the way a spouse can in some other states.

Year’s support is a Georgia claim your surviving spouse or minor children can file in probate court, asking for property to support them for the twelve months after your death, under O.C.G.A. 53-3-1. It is paid ahead of most other claims against the estate, and the petition must be filed within 24 months of the death under O.C.G.A. 53-3-5. It reaches only the probate estate, so property already retitled into a funded trust sits outside it. Blended families are the ones most often caught out by this.

Georgia limits what a parent can manage for a child without court involvement. Under O.C.G.A. 29-3-1, once a child inherits more than $25,000, a court appointed conservator has to manage it under court supervision until the child turns 18. The full balance is then handed over at once. A trust avoids that, because your trustee manages the money and you choose the ages at which it is released.

Only a will can nominate a guardian for a minor child in Georgia. O.C.G.A. 29-2-4 gives that job to a will, and no trust can do it however carefully it is written. This is why a complete plan still includes a will next to the trust, even for families whose main goal is avoiding probate.

The whole process is handled remotely, with no office visits. That is true whether you live in Buckhead or two hours outside the city. You meet with Melissa and Shawn remotely, your documents are mailed to you, and you arrange the notary and witnesses for signing.

The Complete Family Trust Package is $3,500 as a flat fee, and it is the same for Atlanta clients as for anywhere else in Georgia. It covers the revocable trust, the pour-over will, powers of attorney for both spouses, the healthcare directive, the HIPAA form, and the deed on your home. You start with a Design Meeting with Melissa and Shawn, which is paid and credited in full toward your plan if you move forward.

An old will can still be valid and still be wrong for your family. Names change, assets change, and a will never avoids probate no matter how recently it was signed. Bring it to your Design Meeting and we will tell you what still works and what needs replacing. If you already have a trust rather than a will, The Hive Law reviews an existing trust package for $1,050 flat.

Find Out Where You Stand

You’ve been meaning to do this for a while now. That’s normal. Most families wait until something happens, then wish they hadn’t.

A 15-minute call tells you exactly what you have, what’s missing, and what your family needs next. No paperwork, no obligation, just a straight answer.

  • No sales pitch. Just a straight answer about where you stand.
  • No confusing terms. We explain everything in plain English.
  • A real next step. You’ll know exactly what to do when we hang up.