Estate Planning
Irrevocable Trust Attorney in Atlanta, Georgia
An irrevocable trust moves assets out of your name so they no longer belong to you legally. Once Medicaid's five-year look-back has passed, those assets are generally not counted toward Medicaid eligibility, though income the trust pays you still counts and no trust is a guarantee. The tradeoff is that you give up direct control and cannot take them back.
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 in most cases those assets are no longer counted as yours. The Hive Law helps you decide whether this structure fits your situation before you commit to it.
Much of What 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 much of what you own can be reached by a creditor who wins a judgment against you.
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 Design Meetings, the same questions come up over and over.
“If my spouse needs a nursing home, do we have to sell our house?” A nursing home in Georgia costs about $8,821 a month for a shared room. 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 pay until the spouse who needs care is down to $2,000 in countable assets. The spouse at home can keep up to $162,660 in 2026. Savings, investments, and most retirement accounts count. Your home is usually not counted while you or your spouse live in it, but after you pass, Georgia Medicaid can file a claim against your estate for what it paid for your care.
“I have a child with a disability. Can I leave them money without cutting off their benefits?” Not directly. Money left straight to them can end their Medicaid and Supplemental Security Income (SSI) eligibility. 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
When you apply, Medicaid looks back five years. That is a federal rule Georgia applies. Assets you gave away or moved into a trust inside that window can make you ineligible for a time. The five-year clock does not start until you act.
There is no way to go back and start the clock sooner. If you need care before five full years have passed, what you moved counts in full.
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. After the five-year look-back, Medicaid generally does not count trust principal you cannot get back. Any income the trust pays you still counts. Assets you have fully given up are also much harder for a future creditor to reach. In most cases, assets in the trust are also left out of your taxable estate. No trust is a guarantee.
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.
Three Types of Irrevocable Trusts
Different situations require different structures. We review your situation during your Design Meeting and recommend the one that fits.
Medicaid Asset Protection Trust
A Medicaid Asset Protection Trust (MAPT) is built to keep your home and savings out of the nursing home spend-down. You transfer assets into the trust. After five years, Medicaid generally does not count the trust’s principal when it decides if you qualify. Any income the trust pays you still counts as your income. Because you no longer own what is in the trust, it is generally outside what Georgia Medicaid can claim after you pass. But Georgia’s rules do mention trusts, any income or right to live in the home that you keep may still count, and no Georgia court has settled the question. So no trust is a guarantee.
The clock starts the day you fund the trust, not the day you apply for care. The earlier you fund a MAPT, the better the odds that five full years pass before you need care.
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 can end 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 can then go to your family outside your taxable estate. One limit: if you move a policy you already own into the trust and die within three years, the payout is still counted in your estate.
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 your type of trust: MAPT, Special Needs, or ILIT.
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.
Home deed. We prepare and record the deed that moves your home into the trust. You retitle your own accounts, working from our written instructions.
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 federal estate tax matters. In 2026 the exemption is $15 million per person.
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 15-minute call with Shawn. If it is a fit, your next step is a Design Meeting with us, credited in full toward your engagement if you move forward. During the Design Meeting, we review your assets, your family, and your goals. We give 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
- Nursing home costs can require spending down your savings and home before Medicaid coverage begins
- Assets in a revocable trust still count toward Medicaid eligibility
- A judgment creditor can reach assets held in your name or in a revocable trust
- Life insurance proceeds may be included in your taxable estate
- Your estate may be exposed to federal estate tax if your assets are above the threshold
With a Trust
- Trust principal you cannot get back is generally not counted toward Medicaid eligibility after the five-year look-back
- A home and savings placed in the trust are generally kept out of the nursing home spend-down. Income you keep still counts
- Assets inside the trust are outside the reach of most future creditor claims
- Life insurance proceeds pass to your beneficiaries outside your taxable estate
- Your heirs receive assets directly from the trust: no probate, no court delay
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.
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.
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.
Sign at Home
You sign at home, in front of a notary and witnesses you line up. Your signing instructions tell you who needs to be there. After you sign, you get a written checklist of what to do next.
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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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 patient and responsive, answering our many rounds of questions regarding trusts and estate planning. Shawn consistently responded the same day we sent our questions, even while his family was on vacation, which we greatly appreciated. Shawn was also always available to discuss matters by phone whenever we needed additional clarification on the options we were considering. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
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 and developing a trust to protect her assets. I sat in on her meeting with Melissa, and Melissa did a great job of simplifying complex legalese into easily understood concepts. Shawn was very quick to get us our documents and all steps in the process were clear and easy. They make a great team and we are thankful for their help!
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 an excellent experience. They were one of three firms we contacted, but she made the strongest impression during our initial call. They asked great questions to understand our situation and clearly explained what we needed to put in place. We initially had some reservations about their fully virtual approach, but those concerns were quickly put to rest. After the first two calls, it was clear how easy they are to work with and how well connected we felt. Communication has been clear, organized, and reassuring throughout the process. Shawn and Melissa are professional, approachable, and thorough. We feel confident we're in good hands and highly recommend The Hive Law for 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!!
The Hive Law helped us set up a revocable trust. Their webinar is great for answering any questions you may have, to clarify and avoid probate. Get in touch with them right away, you won't be disappointed.
Melissa was great! She gave me an honest review of my future plans that I already have in place. Turns out, I already had my ducks in a row!!! She was a pleasure to talk with!!
For several years now I have been thinking about having a will drawn up, but continued to procrastinate until an older sibling had a medical situation occur which none of the family was prepared for. This was the determining factor for me to get it done. We never know when an emergency medical situation could arise and I didn't want my other siblings to be scrambling around trying to figure things out in the event I couldn't make any decisions for myself, or God forbid I pass away. My attorney (Melissa), was very funny and made the whole experience quite entertaining. She listened to what I wanted and explained the type of plan I needed. Thanks Melissa & Shawn for making the process an enjoyable experience.
The Hive Law Firm did an excellent job helping my mother-in-law with her estate plan. The process felt overwhelming at first, but their team walked us through every step with compassion and professionalism. They listened to our concerns, explained things in simple terms, and made sure our mother's wishes were honored. We're very grateful for their guidance.
The Hive Law firm did an outstanding job helping my family members with their estate planning. They made the process clear, smooth and stress free. Truly professional and caring team, highly recommend!
The whole process of creating a family trust felt simple, clear, and stress-free. We really appreciated how patient, helpful, and easy to communicate with the team was throughout everything. Shawn and Melissa gave us great guidance and helped us feel confident every step of the way. We're grateful for their support and would definitely recommend them.
Frequently Asked Questions
At The Hive Law, the flat fee for an irrevocable trust covers the trust design, all required documents, and the walk-through call before you sign. No hourly billing. The first step is a free 15-minute call with Shawn. If it is a fit, your next step is a Design Meeting with us, credited in full toward your engagement if you move forward. We give you an exact quote at your Design Meeting before you commit to anything.
A revocable trust keeps your estate out of probate, protects your privacy, and gives you full control of your assets during your lifetime. You can change it or cancel it at any time. An irrevocable trust removes assets from your legal ownership. That is what makes it useful for Medicaid planning, creditor protection, and estate tax reduction. The tradeoff is that you cannot change the terms or take the assets back on your own once the trust is funded. Georgia law allows some changes through a court or a trustee. Most families who need an irrevocable trust also need a revocable trust to handle probate avoidance for assets outside the irrevocable structure.
A Medicaid Asset Protection Trust can keep assets out of the nursing home spend-down, but only after the five-year Medicaid look-back has passed. If you move assets into the trust today and apply in three years, the transfer can still make you ineligible for a time. The five-year clock starts the day you fund the trust. Any income the trust pays you still counts as your income. Georgia’s rules also mention trusts when the state seeks repayment after death, and no Georgia court has settled how that applies, so no trust is a guarantee.
A creditor usually cannot reach assets in an irrevocable trust if you gave up all rights to them and funded the trust before any claim existed. Anything the trust can still pay to you may be reachable. If you moved assets while you were already insolvent or while a lawsuit was pending, a court can undo the transfer.
You cannot take assets back once they are in an irrevocable trust. That is the central tradeoff. Assets inside an irrevocable trust are no longer yours under Georgia law. The trust holds them and distributes them according to the terms set at the time of creation. If you fund an irrevocable trust and later face an emergency that requires those assets, you cannot access them. This is why Melissa reviews your full financial picture before recommending this structure. She will make sure you are not transferring assets you are likely to need.
A Special Needs Trust holds assets for a person with a disability without disqualifying them from government benefits like Medicaid or Supplemental Security Income. If you leave assets directly to someone who receives those benefits, the inheritance can end their eligibility. A Special Needs Trust pays for things those programs do not cover, such as transportation, education, and personal care items, without affecting the person’s eligibility. If you have a child or other dependent with a disability, this should be part of your plan before you finalize any other documents.
With most irrevocable trusts at The Hive Law, you’ll have your documents to review about 2 to 3 weeks after your Design Meeting. Signing comes after your review, so the total depends on how quickly you go through your drafts. A MAPT requires careful review of which assets to transfer and in what order, which adds some planning time compared to a straightforward revocable trust. A Special Needs Trust may require additional coordination depending on the beneficiary’s situation. We will give you a realistic timeline at your Design Meeting based on your specific circumstances.
Most families with an irrevocable trust still need a revocable trust. An irrevocable trust protects specific assets for specific purposes. It does not replace a full estate plan. Assets that stay outside the irrevocable trust, such as accounts, personal property, or a home not transferred into the MAPT, still need a plan to avoid probate and pass directly to your beneficiaries. A revocable living trust handles that. Many families at The Hive Law have both: an irrevocable trust protecting a specific asset from a specific risk, and a revocable trust handling everything else.
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.
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.