The Hive Law

Estate Planning Built Around Your Family's Actual Situation in Georgia

Georgia law does not treat every family the same. Married parents, divorced co-parents, blended families, and grandparents raising grandchildren each face different rules for guardianship, inheritance, and custody. This hub explains what applies to your specific family situation and what to do about it.

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Estate Planning for Every Family Structure in Georgia

Most estate planning content assumes one kind of family: married, with their own biological children. Georgia law does not actually work that way for a divorced co-parent, a blended family, an unmarried couple, or a grandparent raising grandchildren. Find the situation that matches your family below.

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Estate Planning for Every Kind of Georgia Family

Married with young kids, divorced and co-parenting, blended with stepchildren, widowed, unmarried with children together, or raising grandchildren — Georgia law treats each of these situations differently. The document that protects one family’s children can leave another family exposed, because the underlying legal facts are different.

This hub organizes The Hive Law’s family-specific content by situation, not by a single generic estate planning checklist. Find the article that matches your actual family structure, and get the specific answer instead of a general one.

Why Family Structure Changes the Legal Answer

Georgia’s default rules for guardianship, inheritance, and custody assume a married couple with their own biological children. Once a family looks different — a stepparent, an ex-spouse, an unmarried partner, a grandparent raising grandchildren — the default rules often produce an outcome most people don’t expect and wouldn’t have chosen.

A plan built around your family’s actual structure closes those gaps before they become a problem for the people you’re trying to protect.

9-18 Months, Georgia Probate Timeline The same court delay applies whether or not you have children.
$15,000 Average Georgia Probate Cost Paid before your family receives anything, on top of everything else they're dealing with.
10 Days Window To Contest A Guardian Nomination That's how narrow the window is to challenge who you've chosen to raise your children.

Start Here

What Happens to Your Minor Children If You Die Without a Will in Georgia In Georgia, a court decides who raises your children if you die without a will, and that decision may not match what you would have chosen. A will lets you nominate a guardian directly, but it does not always override a surviving parent's custody rights. This article explains exactly when your choice controls and when it does not, for married parents, divorced co-parents, and parents who were never married. See How It Works

Blended and Second Marriages

Does Your Spouse Inherit Everything When You Die in Georgia If You Have Children From a Previous Marriage Your spouse does not have to leave anything to your children from a previous marriage. Once your spouse inherits your assets outright, Georgia law gives them full legal freedom to leave everything to their own children instead. This article explains why that gap exists and the one document structure that closes it. See How It Works Estate Planning for Blended Families in Georgia Georgia law does not automatically protect your children from a previous marriage once your spouse inherits your assets. This article covers what makes a blended family's estate plan different, whether your stepchildren are young or your kids are grown, and the specific plan that protects both your spouse and your children. See How It Works

Divorced and Co-Parenting

Problems With Assuming Your Ex Automatically Loses Custody Rights If You Die in Georgia In Georgia, naming a new guardian in your will does not remove your ex's custody rights. If your ex is still a fit parent, the law gives them priority custody over anyone you name, no matter what your will says. This article explains exactly what you can and cannot control, and what to do instead. See How It Works Estate Planning for Divorced Parents Who Are Co-Parenting in Georgia Your divorce automatically canceled some of your ex's rights under your old will, but not all of them. Your life insurance, retirement accounts, and old power of attorney may still name your ex unless you changed them yourself. This article walks through exactly what changed automatically, what you still need to fix, and how to protect your children's inheritance going forward. See How It Works

Planning For Your Specific Situation

If you own rental properties or a business, your situation has layers a standard estate plan does not address.

Investor Planning You Own Rental Properties Rental properties, LLCs, and a standard estate plan usually do not work together. If yours are not connected, your family faces probate on every property you own. See How It Works Business Owner Planning You Own a Business A business adds layers most estate plans do not address. Without the right structure, your family may not be able to access or run your business when you are gone. See How It Works

The Difference a Trust Makes

Without a Family-Specific Plan

  • Georgia probate court decides who raises your children if no guardian is named
  • A judge who has never met your family makes the guardian decision
  • Your children's inheritance sits under court-supervised conservatorship until they turn 18
  • Blended, unmarried, and multi-generational families get no automatic protection under Georgia law
  • 9 to 18 months in probate before your family has full access to anything
  • The court controls the outcome and the timeline, not your family

With a Complete Family Trust Package

  • You choose exactly who raises your children if something happens to you
  • A minor's trust replaces court-supervised conservatorship with a trustee you pick
  • Blended, unmarried, and multi-generational families get the protection Georgia law doesn't provide automatically
  • No probate, no months-long wait for your family to have access
  • Built around your family's actual structure, not a generic template
  • Your family gets clarity instead of a court's best guess

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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What Our Clients Say

After my father passed away, my mother had to rely on my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!

Nicholas Google Review

My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I've made for my family's future.

Tristen Pursley Google Review

Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!

Sharon Palmer Google Review

We highly recommend Hive Law. They were extremely helpful and professional in guiding us through the process of creating a Revocable Living Trust. Melissa and Shawn were thorough, answered all our questions, and made a potentially confusing process easy to understand.

Daryl Clever Google Review

The Hive Law made the entire estate planning and trust process easy to understand and stress-free. Melissa and Shawn walked us through every step and answered all of our questions. We feel confident that our family is protected. Highly recommend!

The Schmitty Family Google Review

My mom chose The Hive firm to help with estate planning after my father passed away. They were very thorough in explaining every step of the process. They made a difficult time much easier to navigate. I highly recommend The Hive Law for anyone needing estate planning services.

Ed Udvadia Google Review

I used The Hive Law to help me create a trust for my family. The process was straightforward and Melissa and Shawn made sure I understood each step. They were responsive to all of my questions. I feel much more confident about my family's future now. Highly recommend!

Nate Tabler Google Review

Working with Shawn and Melissa at The Hive Law has been a great experience. They are very knowledgeable and took the time to explain all of our options. They made the process of setting up a trust simple and stress-free. I would highly recommend them to anyone needing estate planning.

Kyle Haynie Google Review

The Hive Law Firm, and specifically Melissa, has been wonderful to work with during our estate planning process. She is knowledgeable, patient, and thorough. She answered all of our questions and made the process easy to understand. I highly recommend The Hive Law!

Teresa Overstreet Google Review

Shawn and Melissa were amazing to work with! My partner and I recently bought a house and wanted to get important things like wills, healthcare directives, etc. set up. They were incredible at answering all our questions and working with us to make sure we felt confident in all of the legal aspects. Having tried to do this online before with one of the DIY tools, it was just an amazing experience to get to talk through what we wanted with a knowledgeable human and have them take care of the details.

Denali Pray Google Review

Hive Law was awesome to work with! Melissa and Shawn explained everything, kept things stress-free, and were always quick to respond to my questions. They made the whole process simple and smooth from start to finish. Highly recommend if you want a team that's knowledgeable but also easy to work with.

Ryan Rollins Google Review

I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I've been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!

Rachel Shannon Google Review

I used to know the bare minimum about probate and trust. I first encountered Shawn Breyer on Facebook. He was offering a webinar that I watched. That gave me a better understanding of probate versus trust. I was impressed enough to have him and his wife represent me. I had my initial one on one interview with Melissa Breyer, it went smoothly and she made everything clear. We are now proceeding with getting a revocable trust in place.

Jer Udvadia Google Review

The Hive Law has been amazing throughout the process of setting up our trust. Every detail is considered and no stone is left unturned. They have been easy and enjoyable to work with. I would absolutely recommend them! Don't let your estate be turned over to Probate!!

Christy Evans Google Review

Frequently Asked Questions

No. Guardianship, inheritance, and custody rules apply differently depending on whether parents are married, divorced, never married, or a stepparent is involved. A plan built for a married couple with biological children often leaves gaps for blended, unmarried, or multi-generational families.

If your child’s other legal parent is alive, that parent generally keeps custody automatically. If both legal parents are gone, a Georgia probate court appoints a guardian based on its own judgment, unless you named one in a will.

Generally no. A surviving legal parent has custody priority under Georgia law unless they are shown to be unfit, regardless of who you name in your will.

No. Stepchildren who were never legally adopted have no automatic inheritance rights under Georgia law, even after decades as a family, unless they are named directly in a will or trust.

Georgia does not recognize new common-law marriages since 1997 or domestic partnerships for inheritance purposes. Unmarried partners need their own coordinated set of documents, since one partner’s plan does not automatically cover the other.

Update your plan after any major family change: marriage, divorce, remarriage, the birth or adoption of a child, the death of a spouse, a child turning 18, or becoming a caregiver for an aging parent.

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Where We Serve

Georgia Counties We Serve

We help families across Georgia protect their assets and avoid probate. Select your county to learn more about estate planning where you live.

From the Journal

Estate Planning for Georgia Families

Estate Planning for Blended Families in Georgia

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Estate Planning for Divorced Parents Who Are Co-Parenting in Georgia

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Problems With Assuming Your Ex Automatically Loses Custody Rights If You Die in Georgia

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