Frequently Asked Questions

A revocable living trust is a legal document that holds your assets during your lifetime and distributes them to your beneficiaries after you die — without going through probate court. You remain in full control as the trustee while you are alive. You can change or revoke the trust at any time.

A will alone does not avoid probate in Georgia. When you die with a will, your estate still goes through the Georgia probate court process, which typically takes 9 to 18 months and costs 3 to 8 percent of your estate. A revocable living trust avoids probate entirely. Most Georgia families benefit from having both — a trust as the primary document and a pour-over will as a safety net.

At The Hive Law, estate planning is flat-fee. Pricing is discussed during your Family Protection Audit — a free 60-minute session with Melissa. You will know the full cost before you commit to anything. We do not charge by the hour and we do not send surprise invoices.

A pour-over will is a safety net document that works alongside your trust. If you die owning assets that were never transferred into your trust, the pour-over will directs those assets into your trust through probate. It ensures nothing is accidentally left outside your plan.

A financial power of attorney authorizes a person you choose — your agent — to manage your finances if you become incapacitated. This includes paying bills, managing investments, filing taxes, and handling real estate. Without one, your family may need to go to court to get that authority.

An advance healthcare directive documents your medical wishes and names someone to make healthcare decisions for you if you cannot speak for yourself. It tells doctors and hospitals what treatment you do and do not want. Without one, your family has to guess — or fight in court over your care.

Most real estate, bank accounts, investment accounts, and business interests should be transferred into your trust. Life insurance and retirement accounts (IRAs, 401ks) typically should not go inside the trust — they pass by beneficiary designation instead. Melissa reviews your specific asset list during the audit and tells you exactly what needs to be retitled.

Georgia's intestacy laws decide who gets your assets. Your estate goes through probate — a public court process that typically takes 9 to 18 months. The court appoints someone to manage your estate. Your minor children's guardianship may need court approval. If you own a business, it may be frozen until the court appoints someone with authority to act.

Most families complete their estate plan within two to three weeks of the Family Protection Audit. The process is: audit, Melissa designs your plan, you review every document with Melissa in plain language, then you sign. We do not rush the review step — you will understand every document before you sign.

Yes — a properly funded revocable living trust avoids Georgia probate entirely. The key word is funded. A trust that was signed but never had assets transferred into it does not avoid probate. Melissa handles trust funding guidance as part of every plan she delivers.

Probate is the legal process by which a court supervises the distribution of a deceased person's estate. In Georgia, probate is handled by the Probate Court in the county where the person lived. The court validates the will, appoints a personal representative, notifies creditors, settles debts, and approves the distribution of assets. The process is public record.

A straightforward Georgia probate typically takes 9 to 18 months. Complex estates — those with disputes, real estate in multiple states, business interests, or creditor claims — can take two to three years or longer. Every month in probate means ongoing court costs and attorney fees coming out of what your family inherits.

Probate costs in Georgia typically range from 3 to 8 percent of the estate's gross value. On a $500,000 estate, that is $15,000 to $40,000 in court costs, attorney fees, and administrative expenses — before your family sees a dollar. These costs come directly out of what your beneficiaries receive.

Yes. The most effective way is a properly funded revocable living trust. Other tools include beneficiary designations on accounts and life insurance, joint ownership with right of survivorship, and Georgia's Transfer on Death Deed for real estate. Each tool has trade-offs. Melissa recommends the right combination based on your specific assets.

Creditors must be notified during probate and given an opportunity to file claims. The estate pays valid debts before beneficiaries receive anything. Secured debts like a mortgage stay with the property. Unsecured debts like credit cards and medical bills are paid from estate assets. Beneficiaries are generally not personally responsible for a deceased person's debts.

Georgia's small estate affidavit allows an heir to collect certain assets without going through full probate — if the total probate estate is $10,000 or less. This is a narrow exemption. Most Georgia families with real estate, investment accounts, or any meaningful assets will need standard probate unless they planned ahead with a trust.