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.
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 Family Protection Audit 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 Family Protection Audit 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.
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
- Assets transferred into the trust are no longer counted toward Medicaid eligibility after the five-year lookback
- Your home and savings are protected from nursing home spend-down requirements
- 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
Schedule Your Family Protection Audit
Book a 60-minute call with Melissa. She reviews your assets, your family situation, and where you are currently exposed.
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 section of your trust with you in plain language. No legal jargon. No confusion about what you are signing.
We Fund and Finalize Everything
We retitle your property, verify every account is correctly aligned with your trust, and make sure your successor trustee knows exactly what to do when the time comes.
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.
100+ Five-Star Google Reviews
What Our Clients Say
After my father passed away, my mother had to rely on me and my brother for everything. Dad never set up a trust. It took over a year to sort through probate, and during that time, Mom couldn't access most of their money without our help. I promised myself I would never put my wife in that position. This firm set us up with a trust package that does exactly that. My wife is fully protected. She can access every account, manage every asset, and make every decision on her own from day one. No court involvement. No asking anyone for help. My wife said it's the first time she's felt confident about what would happen if I wasn't here. That alone was worth it.
My biggest fear was that if I died first, my wife would be stuck trying to figure everything out alone. We have accounts at multiple banks, a brokerage account, life insurance, and a house. We got our trust package done with this firm and that fear is gone. Everything is structured so that if something happens to me, she steps right in. No court. No waiting. She will be financially stable and fully in control from day one. They also helped us set up power of attorney and healthcare directives. If you're in the Atlanta area, don't wait.
We had an outstanding experience working with Melissa Breyer to create our Living Trust. From start to finish, she was knowledgeable, professional, and incredibly easy to work with. She took the time to clearly explain every step of the process, answered all of our questions with patience, and made what could have been a complicated task feel straightforward and stress free. We are so grateful for her help and couldn't be happier with the outcome.
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. Melissa was always available to discuss matters by phone whenever we needed additional clarification. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
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.
The Hive Law made the entire estate planning and trust process clear, organized, and easy to understand. They took the time to explain everything in detail whether by email or over the phone. Their team was professional, responsive, and truly cared about helping us protect our family and assets. Melissa and Shawn are very nice, patient, and easy to talk to. I highly recommend The Hive Law to anyone looking for knowledgeable and trustworthy estate planning services.
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 Family Protection Audit with Melissa for $500. That fee is credited in full toward your engagement if you move forward. Melissa gives you an exact quote during the audit 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 generally cannot change the terms or take the assets back once the trust is funded. 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 protects assets from nursing home spend-down requirements, but only after the five-year Medicaid lookback period has passed. If you transfer assets into a MAPT today and apply for Medicaid in three years, those assets may still be counted. The five-year clock starts the day you fund the trust. The earlier you create and fund a MAPT, the more effectively it protects your assets. Waiting until a health crisis has already arrived often means the protection window is too short to be useful.
Generally, no. Assets transferred into an irrevocable trust before a claim arises are no longer your legal property. A creditor who obtains a judgment against you cannot reach those assets in most situations. There are exceptions if you transferred assets while already insolvent or while a lawsuit was pending, a court may view the transfer as a fraudulent conveyance and set it aside. The protection works best when the trust is funded before any claims exist.
You cannot take them back. 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 transportation, education, 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.
Most irrevocable trust engagements at The Hive Law take two to four weeks from the Family Protection Audit to signing. 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. Melissa will give you a realistic timeline during the audit based on your specific circumstances.
In most cases, yes. An irrevocable trust protects specific assets for specific purposes. It does not replace a full estate plan. Assets that remain outside the irrevocable trust 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.
Ready to Protect Your Family?
Schedule your 60-minute Family Protection Audit with Melissa. $500, credited toward your estate plan.
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