Estate Planning
Revocable Living Trust Attorney in Atlanta, Georgia
A revocable trust keeps your home and assets out of probate court. Your family gets immediate access when you die no court delays, no fees, no public filings. You stay in full control while you are alive.
How a Revocable Living Trust Keeps Your Georgia Family Out of Probate
A revocable living trust is a legal container for your home, savings, and investments while you are alive. When you pass away, your trustee transfers everything to your family in weeks — not the nine to eighteen months Georgia probate takes. Attorney Melissa Breyer builds the trust and re-titles every asset.
You have spent years building what you have. A home. Savings. Maybe a business or rental property. You have people who depend on you.
Most families assume a will is enough to handle all of it when they die. It is not.
A will does not keep your family out of court. When you die with a will, your estate still goes through probate. Probate is a public court process managed by the county probate court where you lived. Anyone can search those records and see what you owned, who you left it to, and how much.
Probate also takes time. In Georgia, it typically runs 9 to 18 months. If your estate includes rental properties, a business, out-of-state real estate, blended family dynamics, children with disabilities, or medical debts, that timeline can stretch to 30 months or more. During that entire time, your family cannot access the assets tied up in the process.
And it costs money. Court fees and attorney fees on an average Georgia estate run about $15,000. Complex estates regularly reach $35,000 or more.
If you have no plan at all, it is worse. Georgia intestacy law decides who gets your assets based on a statutory formula. That formula does not consider your relationships, your wishes, or what your family actually needs.
A revocable living trust solves all of this. It is the most direct way Georgia families keep their assets out of probate court while staying in full control during their lifetime.
Why a Will Is Not Enough to Protect Your Family
What Is a Revocable Living Trust
A revocable living trust is a legal document that holds your assets and transfers them to your family without going through probate. You create it, you control it, and you can change it at any time during your life.
You are called the grantor. You transfer your assets into the trust. You also serve as your own trustee, which means you keep full control of everything while you are alive. You can buy, sell, or move assets exactly as you do now.
You name a successor trustee in the document. That is the person who steps in when you pass away or if you ever become unable to manage your own affairs. Your successor trustee does not need court permission to act. They follow the instructions already in the trust document and distribute your assets directly to your beneficiaries.
What a Revocable Trust Does for Your Family
Your Family Avoids Probate Court
When you die with assets in your name alone, those assets go through probate. That means court filings, waiting periods, and public records before your family sees anything.
Assets held in a funded trust skip probate entirely. Your successor trustee distributes them to your beneficiaries according to your instructions. This can happen in weeks instead of months.
Your Finances Stay Private
Wills become public court records when they go through probate. Anyone can search the courthouse and see what you owned and who you left it to.
A trust never becomes a public record. Your finances, your beneficiaries, and the details of your plan stay private.
Your Family Has a Plan If You Are Incapacitated
If something happens to you and you can no longer manage your own finances, your successor trustee steps in immediately. They manage the trust assets on your behalf without a judge getting involved.
Without this structure, your family may have to go to court to establish a conservatorship just to pay your bills. That process takes time and puts a judge in charge of decisions that should be yours.
You Control Exactly How and When Your Family Receives Assets
A will can only leave assets in a lump sum. It does not let you control when your beneficiaries receive anything, how the money is spent, or what conditions apply. Once a will is executed, the assets transfer and that is the end of it.
A revocable trust lets you set precise instructions that a will cannot. You can hold assets in trust for a minor child and set the age at which they receive them outright. You can stagger distributions over time. You can specify conditions. You can leave different amounts to different people with different rules for each. A will goes through probate and distributes in a lump sum. A trust does not go through probate and distributes exactly the way you designed it.
Out-of-State Property Passes Without Double Probate
If you own property in another state and you die without a trust, your family does not open one probate. They open two.
The second probate is called ancillary probate, and it runs completely separate from the Georgia process. That means two probate timelines running simultaneously, two sets of attorney fees and court costs, and two courts that have to close before your family can access anything. Your Georgia beneficiaries cannot receive the out-of-state assets until ancillary probate fully closes and those assets are transferred back into the Georgia estate. If you own property in three states, your family is managing three probates at the same time. A funded trust eliminates all of it. One document handles every state.
What a Revocable Trust Does Not Do
A revocable trust does not protect your assets from creditors while you are alive. Because you control the trust and can take assets back out at any time, Georgia law treats those assets as yours. A creditor who gets a judgment against you can still reach them.
A revocable trust does not protect your assets from nursing home costs. If your home and savings are in a revocable trust and you need Medicaid to pay for long-term care, those assets still count toward eligibility and can be required to be spent down. Protecting against nursing home costs requires a different type of trust. Melissa will explain your options during your Family Protection Audit.
If protecting assets from creditors or nursing home costs is your primary goal, ask Melissa about an irrevocable trust during your audit.
What Is Included in Your Package
This is not a document purchase. It is a complete system that covers your family from the day you sign to the day your estate is fully distributed.
The Documents
Revocable Living Trust
The core document that holds your assets and transfers them to your beneficiaries without probate.
Pour-Over Will
A backup document that captures any asset not transferred into the trust during your lifetime and directs it into the trust after your death.
Quitclaim Deed
Transfers your home into the trust so your real estate is properly funded and avoids probate.
Financial Power of Attorney
Authorizes a person you choose to manage your financial affairs if you become incapacitated.
Advance Healthcare Directive
Georgia’s single document that combines medical decision-making authority with your end-of-life care wishes. This covers both what some states call a healthcare power of attorney and a living will in one document.
HIPAA Authorization
Allows your named person to access your medical information when needed to make decisions on your behalf.
The Implementation
Document Walk-Through Call
Before you sign anything, Melissa walks through every document with you in plain language. You will understand exactly what each document does and why.
Trust Funding Session
Creating the document is only the first step. Your trust only works if your assets are actually transferred into it. Melissa walks you through retitling your accounts, explains exactly what to say to your bank and brokerage, and prepares the deed to transfer your home.
Funding Checkup
After the funding session, The Hive Law verifies that your accounts transferred correctly. If something is still in your name instead of the trust, we catch it.
The Included Services
Successor Trustee Orientation Call
Most families name a family member or close friend as their successor trustee. That person has no idea what the role requires. Melissa calls them directly and walks them through their responsibilities so they are prepared when the time comes.
Professional Coordination Call
Melissa briefs your CPA and financial advisor on your trust so everyone managing your finances is working from the same plan.
Surviving Spouse Transition Call
When one spouse dies, the surviving spouse gets a dedicated call with Melissa. She walks them through what needs to happen next and makes sure nothing falls through the cracks.
Post-Signing Checklist
A step-by-step checklist of everything to do after signing so nothing gets missed.
The Complete Family Trust Package includes 6 documents, 3 implementation sessions, and 4 included services. Other firms charge an estimated $7,297 for what is included here. The Hive Law flat fee is $3,500. No hourly billing. No surprise invoices.
The Guarantee
Every asset placed into the trust is guaranteed to avoid probate. If any asset goes through probate due to an error on The Hive Law’s part, The Hive Law handles the probate at no charge.
Who Needs a Revocable Living Trust in Georgia
You own a home in Georgia. Real estate is one of the most common assets that gets stuck in probate. A trust keeps your home out of court and transfers it directly to whoever you choose, without a judge involved.
You have a bank account or investment account with no beneficiary designation. Accounts in your name alone go through probate when you die. Transferring them into the trust removes them from that process entirely.
You have minor children. If you die before your children are ready to manage money on their own, a court will manage any assets they inherit until they come of age. A trust lets you name the person who manages those assets and set the exact age or conditions under which your children receive them.
You own a business. What happens to your ownership interest when you die depends entirely on how it is titled and whether you have a plan. A trust gives you a clear path for transferring that interest without probate complications and without a court deciding the outcome.
You are in a blended family. When you have children from a prior relationship and a current spouse, the default rules under Georgia law may not produce the outcome you want. A trust lets you be precise about who gets what, in what amount, and when.
You own property in more than one state. Each state has its own probate process. Your family will face separate attorneys, separate courts, and separate timelines for every state where you own real estate. One properly funded trust eliminates every one of those probates.
You want to control how your family receives their inheritance. If you want to stagger distributions, set conditions, or protect a beneficiary who is not ready to manage a large sum, a trust is the only tool that gives you that level of control.
How Much It Costs at The Hive Law
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
If your situation is more complex, Melissa will give you an exact quote during the audit before you commit to anything. Common add-ons include additional Georgia properties at $550 each and out-of-state properties at $1,100 per state. If you also need an irrevocable trust for Medicaid planning or specific asset protection goals, that can be added to your package for $6,500 total.
The fact that you read this far tells us something about you. You take this seriously. So do we.
Without a Trust
- Your estate goes through public probate court
- Your family waits 9 to 30 months to access your assets
- Court and attorney fees average $15,000 and up to $35,000 for complex estates
- Your financial records become searchable public documents
- A judge controls asset management if you become incapacitated
- Out-of-state property triggers a separate probate in every state where you own real estate
With a Trust
- Assets transfer directly to your beneficiaries without court
- Your successor trustee acts immediately with no waiting period
- No probate fees, no court costs, no filing delays
- Your finances stay completely private
- Your successor trustee manages assets if you are incapacitated
- Total investment: $3,500
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.
105+ 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 Complete Family Trust Package is $3,500. That flat fee covers 6 documents, 3 implementation sessions including trust funding, and 4 included services. The first step is a Family Protection Audit with Melissa for $500, which is credited in full toward your package if you move forward. Melissa provides an exact quote during the audit for situations that require add-ons.
You can, but the document is only part of the problem. Most online services generate the trust document and stop there. They do not transfer your home into the trust, help you retitle your bank and investment accounts, brief your successor trustee on their responsibilities, or verify that everything transferred correctly after the fact. A trust that is not properly funded does not avoid probate. The assets stay in your name and go through court when you die. That is the most common outcome for families who use online trust services.
Yes. You need what is called a pour-over will. If you die with any asset that was not transferred into the trust, the pour-over will directs it into the trust after your death. That asset may still go through a brief probate first, which is why proper funding matters. The pour-over will is a necessary part of a complete plan and is included in your package at no additional cost.
No. Because you control the trust and can take assets out at any time, Georgia law treats those assets as yours. They count toward Medicaid eligibility and can be required to be spent down before Medicaid covers long-term care costs. If nursing home protection is a concern, Melissa will explain your options during your Family Protection Audit. The tool designed for that goal is a Medicaid asset protection trust, which works differently.
No. You serve as your own trustee while you are alive. You continue to buy, sell, manage, and use your assets exactly as you do now. Nothing changes in your day-to-day life. You only give up control of trust assets if you create an irrevocable trust, which is a different type of trust used for different purposes.
The trust becomes irrevocable at the moment of your death. Your successor trustee then follows the distribution instructions you set in the trust document. They transfer assets to your beneficiaries without going through court. Because your successor trustee receives an orientation call from Melissa as part of your package, they already know what to do when the time comes.
Yes. You can amend it, add assets to it, remove assets from it, change your beneficiaries, or cancel it entirely at any time while you are alive and able to make your own decisions. Any changes or revocations must be made in writing and signed by you under Georgia law.
A properly drafted Georgia revocable trust is generally recognized in other states. If you move, Melissa recommends a review of your documents to confirm they still meet your goals under the laws of your new state. Most of the time the trust itself is fine, but beneficiary designations, the deed on your home, and your Advance Healthcare Directive may need to be updated for your new state.
Ready to Protect Your Family?
Schedule your 60-minute Family Protection Audit with Melissa. $500, credited toward your estate plan.
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