Estate Planning
Irrevocable Trust Attorney in Atlanta, Georgia
You have spent your whole life building what you own. Right now, all of it is reachable by nursing home costs, creditors, and lawsuits. Attorney Melissa Breyer helps Georgia families protect their assets with an irrevocable trust. Everything is handled over the phone. No office visits required.
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When an Irrevocable Trust Is the Right Tool for Georgia Families
Some Georgia families need more than a revocable trust — they need to permanently remove assets from their estate to qualify for Medicaid, reduce taxes, or protect against creditors. An irrevocable trust transfers ownership so those assets no longer count against you. The Hive Law helps you decide whether this structure fits your situation before you commit to it.
Everything You Own Is Exposed Right Now
Your home is in your name. Your savings are in your name. Your investment accounts are in your name. In Georgia, that means everything you have built is legally available to anyone who comes after it.
A lawsuit. A nursing home bill. A judgment creditor. All of it can reach your personal assets as long as they are titled in your name. Most people do not find this out until after something has already happened.
What Georgia Families Worry About
During Family Protection Audits, the same questions come up over and over.
“If my spouse needs a nursing home, do we have to sell our house?” Nursing home care in Georgia costs $7,000 to $12,000 a month. For a married couple facing one serious health event, that can drain a lifetime of savings in two to three years. Georgia Medicaid will not cover the cost until you have spent down your assets first. Your home, savings, and retirement accounts all count against you.
“I have a child with a disability. Can I leave them money without cutting off their benefits?” Not directly. A lump-sum inheritance ends Medicaid and SSI eligibility immediately. Without the right structure in place, the money you leave behind can hurt the person you are trying to protect.
“I own a business. If someone sues me, can they take my personal assets?” If your assets are in your name, yes. A judgment against you or your business can attach to your home, your savings, and your accounts. There is no legal separation between what you own personally and what a creditor can take unless you create that separation before a claim exists.
The Problem With Waiting
Georgia’s Medicaid program looks back five years when you apply for benefits. If you transferred assets within that window, the state counts them anyway. The five-year clock does not start until you act.
There is no way to go back and start the clock sooner. Every year without a plan is a year of protection you cannot recover. By the time a health crisis forces the decision, the protection window may already be closed.
What an Irrevocable Trust Does
An irrevocable trust moves your assets out of your name and into a separate structure you control at creation. Once assets are transferred in, they are no longer yours legally. Medicaid cannot count them when calculating your eligibility. Creditors cannot reach them. In most cases, they are not included in your taxable estate.
The tradeoff is real. You give up direct control of what goes into the trust. You cannot take assets back once they are transferred. This permanence is exactly what makes the protection work.
Four Types of Irrevocable Trusts
Different situations require different structures. Melissa reviews your situation during your Free Strategy Call and recommends the one that fits.
Medicaid Asset Protection Trust
A Medicaid Asset Protection Trust (MAPT) protects your home and savings from nursing home spend-down requirements. You transfer assets into the trust. After five years, Medicaid cannot count those assets when calculating your eligibility.
The clock starts the day you fund the trust, not the day you apply for care. The earlier you fund a MAPT, the more of what you own is protected when you actually need it.
Special Needs Trust
If you have a child or family member with a disability who receives Medicaid or Supplemental Security Income, leaving them assets directly ends their eligibility. A Special Needs Trust holds those assets and pays for things their benefits do not cover: transportation, education, medical equipment, and personal care.
Their government benefits stay intact, and your money improves their life instead of replacing the support they depend on.
Irrevocable Life Insurance Trust
If you own a life insurance policy, the payout is counted as part of your estate when you die. For larger estates, that creates a significant tax bill on money your family was supposed to receive. An Irrevocable Life Insurance Trust (ILIT) owns the policy in your place.
The payout goes to your family outside your taxable estate, free of estate tax.
Asset Protection Trust
If you own a business, work in a high-liability profession, or own rental property, your personal assets are exposed every time a claim is filed. A Domestic Asset Protection Trust creates a legal barrier between your personal assets and future creditors.
What is inside the trust is significantly harder for a judgment creditor to reach than anything held in your name.
What an Irrevocable Trust Does Not Do
An irrevocable trust does not handle the distribution of assets that remain in your name. It cannot protect assets you transfer after a lawsuit is already filed. Transfers made while you are insolvent can be reversed by a court.
It is also not the only document you need. Most families who create an irrevocable trust also need a will and powers of attorney. Melissa will tell you exactly which documents your situation requires and what each one covers.
What Is Included at The Hive Law
An irrevocable trust engagement at The Hive Law is a complete process, not a document purchase. Melissa designs the structure to match your goals, drafts every required document, and walks through each one with you before you sign.
Trust document. Drafted for your specific situation and type of trust MAPT, Special Needs, ILIT, or Asset Protection.
Asset transfer plan. A clear list of which assets to transfer, in what order, and how to retitle them correctly.
Walk-through call. Melissa explains every document before you sign. You will not be handed a binder and left to figure it out.
Deed transfers and retitling. We handle the paperwork to move assets into the trust correctly.
Secure client portal. All documents and sensitive information are stored securely. Nothing is sent through standard email.
Everything is handled over the phone. No office visits required.
Who Needs an Irrevocable Trust in Georgia
You own a home and are worried about nursing home costs depleting what you have saved over your lifetime.
You have a child, sibling, or dependent with a disability who receives government benefits and you need to provide for them after you are gone without ending their eligibility.
You own a business or work in a profession where lawsuits are a real possibility and your personal assets have no legal protection right now.
Your estate is large enough that estate taxes matter, especially with the federal exemption scheduled to change. If any of this describes your situation, Melissa will tell you whether an irrevocable trust is the right move and exactly what it would protect.
What It Costs at The Hive Law
The flat fee for an irrevocable trust at The Hive Law is $6,500. That covers the trust design, all required documents, and a walk-through call before anything is signed. No hourly billing.
The first step is a Free Strategy Call with Melissa for $500. That fee is credited in full toward your engagement if you move forward. During the audit, Melissa reviews your assets, your family, and your goals. She gives you an exact quote before you commit to anything.
The Documents
- Revocable Living Trust
- Pour-Over Will
- Quitclaim Deed
- Financial Power of Attorney
- Advance Healthcare Directive
- HIPAA Authorization
The Implementation
- Document Walk-Through Call
- Trust Funding Session
- Funding Checkup
The Included Services
- Successor Trustee Orientation
- Professional Coordination Call
- Surviving Spouse Transition Call
- Post-Signing Checklist
The fact that you read this far tells us something about you. You take this seriously. So do we.
See exactly what The Hive Law includes and charges for the Irrevocable Trust: Georgia Irrevocable Trust — Flat-Fee Pricing →
Without a Trust
With a Trust
How It Works
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.
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.
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.
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
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.
108+ Five-Star Google Reviews
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!
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.
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!
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.
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!
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.
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!
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.
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!
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.
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.
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!
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.
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!!
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