Trust Funding

Deed Transfer Into Your Trust

A trust that does not own your property cannot protect it from probate. Transferring real estate requires a new deed recorded in the county where the property is located.

Most Trusts Are Never Funded — Yours Needs to Be

Creating a revocable living trust is step one. Actually transferring your Georgia real estate into the trust is step two — and it requires recording a new deed in each county where you own property. Skipping this step means your trust exists on paper but your property still goes through probate.

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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

Melissa Designs Your Plan

She builds your estate plan from scratch based on your specific assets and family. You get an exact quote before you commit to anything.

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 every plan at The Hive Law and handles every client consultation herself. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.

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Frequently Asked Questions

For your primary residence, no. Federal law (the Garn-St. Germain Act) specifically exempts transfers of owner-occupied residential property into a revocable living trust from triggering due-on-sale clauses. For rental properties, the answer depends on your specific mortgage terms — we review before recording.

No. In Georgia, transferring your primary residence into a revocable living trust does not affect your homestead exemption, as long as you remain the beneficiary of the trust and continue to occupy the property as your primary residence.

A quitclaim deed is typically used for transfers into your own revocable living trust. It transfers whatever interest you hold in the property to yourself as trustee. The deed is prepared, signed, notarized, and recorded with the Clerk of Superior Court in the county where the property is located.

Yes. Each parcel of real property requires its own deed. If you own five properties across four counties, you need five deeds recorded in the appropriate counties. We handle all of them as part of the trust funding process.

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