Georgia Trust Lawyers | Hire A Trust Attorney In Georgia

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What does a Georgia trust attorney and do you need one? 

In this article, you’ll learn about:

  • what a trust fund lawyer does
  • how to avoid probate, minimize taxes, and avoid creditors and lawsuits
  • the different types of trusts
  • what to look out for with a trust attorney
  • how much do trust attorneys cost
  • whether you need a trust attorney

Let’s dig in.

Table of Contents

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What Does A Georgia Trust Attorney Do?

Trust attorneys in Georgia help clients set up and manage trusts. 

They first understand the client’s goals. 

Then, they advise on the best type of trust to meet those goals. 

The attorney drafts the trust document according to:

  • the client’s wishes 
  • state and federal laws

This document outlines details like the trustee, beneficiaries, and how assets will be distributed.

After setting up the trust, the attorney ensures it aligns with the client’s intentions and legal requirements. 

They manage any legal issues that may arise.

And they may even represent the client in court if there are disputes over the trust. 

Georgia trust attorneys play a critical role in creating, managing, and protecting trusts.

Setting Up A Trust In Georgia

In Georgia, trust attorneys guide clients in setting up trusts. 

First, they understand the client’s goals. 

Then, they suggest the right kind of trust that suits those goals. 

The different types of trusts in Georgia are:

  • revocable
  • irrevocable
  • charitable
  • special needs trusts

Trust attorneys draft the trust document. 

This document details who the trustee and beneficiaries are, and how assets will be distributed. 

They ensure this document aligns with the client’s wishes and complies with both state and federal laws.

In essence, trust attorneys in Georgia are instrumental in establishing trusts.

And they make sure they:

  • match the client’s intentions 
  • adhere to legal requirements

Revocable Living Trusts In Georgia

A revocable living trust in Georgia is a legal tool you create to manage your assets. 

You, as the trust creator, can change or cancel this trust at any time.

In a revocable trust, you transfer your assets into the trust’s ownership. 

You can act as the trustee, controlling and managing these assets.

Upon your death, the assets bypass probate in Georgia

This process speeds up the transfer to the beneficiaries. 

It also maintains privacy as the trust details aren’t public records.

However, revocable trusts don’t protect assets from creditors. 

Because you can revoke or change the trust, the law considers the assets as still under your control.

Revocable trusts can be complex. 

It’s important to work with a knowledgeable trust attorney in Georgia.

This ensures your goals are met and the trust is set up correctly.

Irrevocable Trusts In Georgia

An irrevocable trust in Georgia is a legal arrangement where assets are transferred into a trust permanently. 

Once set up, the terms generally cannot be changed or canceled without the permission of the trust’s beneficiary.

The person who creates the trust, known as the grantor, gives up ownership rights to the assets in the trust. 

A trustee, appointed by the grantor, manages these assets for the beneficiaries.

Irrevocable trusts can protect assets from creditors and lawsuits. 

They also reduce estate taxes because the assets in the trust are not considered part of the grantor’s taxable estate.

Despite these benefits, irrevocable trusts require careful planning due to their permanent nature. 

Once assets are placed in an irrevocable trust, the grantor typically cannot retrieve them.

Georgia law governs the creation and management of irrevocable trusts in the state. 

A trust attorney can help you understand these laws and set up the trust correctly.

Read More: Who Owns The Property In An Irrevocable Trust

Charitable Trusts

Charitable trusts in Georgia are a type of legal arrangement. 

They allow individuals or organizations to donate assets for a charitable cause. 

The trustee manages these assets. 

The benefits can include tax deductions for the donor.

There are two main types of charitable trusts in Georgia:

  • Charitable Remainder Trusts: These provide an income stream to non-charitable beneficiaries, typically the donors themselves, for a certain period. After that, the remaining assets go to a charity.
  • Charitable Lead Trusts: These trusts give an income to a charitable organization for a set period. After that, the remaining assets go to non-charitable beneficiaries, often the donor’s heirs.

Both types offer ways to support charitable causes while also providing potential benefits to the donors and their families. 

Georgia law governs the creation and management of charitable trusts, ensuring they serve their intended purpose.

Georgia Special Needs Trusts

A special needs trust in Georgia is a legal tool designed to benefit individuals with disabilities. 

It holds assets for the beneficiary and provides financial support.

But it does it without disrupting their eligibility for government benefits like:

  • Medicaid 
  • Supplemental Security Income

When setting up this trust, you appoint a trustee. 

The trustee manages the assets and makes distributions for the beneficiary’s needs. 

These needs often include things not covered by government benefits, like:

  • education
  • recreation
  • personal care
  • medical expenses

Georgia trust laws govern the creation and administration of special needs trust

It’s essential to ensure the trust document is correctly drafted and the trust complies with all relevant regulations. 

This way, the trust effectively serves its purpose without jeopardizing the beneficiary’s government aid.

Managing a special needs trust involves:

  • monitoring the trust assets
  • making appropriate distributions
  • filing trust taxes 

If disputes arise, a trust attorney can defend the trust in court.

A special needs trust in Georgia is a vital tool for supporting individuals with disabilities. 

It requires careful setup and management to maximize benefits and maintain compliance with the law.

Read More: Medicaid Asset Protection Trust In Georgia

Compliance With Georgia Trust Laws

Trust attorneys in Georgia play a pivotal role in aligning trusts with a client’s wishes. 

We work closely with clients to understand their objectives. 

This can include, for example:

  • protecting assets
  • planning estate taxes
  • setting up future financial support for a beneficiary

Next, our trust fund attorneys ensure the trust complies with all Georgia state laws and federal regulations. 

We navigate complex legal rules, including those related to tax, property, and Georgia inheritance laws

We also draft the trust document according to these laws. 

This ensures the trust operates correctly and legally.

In summary, a Georgia trust attorney is essential in crafting a trust that:

  • meets the client’s needs 
  • adheres to all Georgia trust laws

Georgia Trust Requirements

In Georgia, creating a valid trust requires a few key steps:

  1. Identify Trust Assets: Define what property or assets you want to include in the trust. This could be real estate, bank accounts, investments, or personal property.
  2. Choose Trust Beneficiaries: Decide who will benefit from the trust. This can be a person, multiple individuals, or an organization.
  3. Select A Trustee: Appoint a person or entity who will manage the trust. This could be you, another individual, or a trust company.
  4. Draft The Trust Document: Write down the terms of the trust. This document should clearly state the purpose of the trust, identify the trustee and beneficiaries, and provide instructions for managing and distributing the assets.
  5. Sign And Notarize The Trust Document: You (the trustor) must sign the trust document in the presence of a notary public. This step ensures the document is legally valid.
  6. Fund The Trust: Transfer ownership of the identified assets into the trust. This process varies depending on the type of asset.

Georgia Trust Management

Our trust attorneys in Georgia manage several ongoing responsibilities to ensure smooth trust operation.

This part is optional as the trustee handles this. 

But our Georgia estate planning law firm offers trustee services for clients.

Ongoing Trust Responsibilities

We handle the asset distribution to beneficiaries. 

This process involves executing the instructions outlined in the trust document to distribute the assets correctly.

We are responsible for filing trust taxes. 

The trust lawyer prepares and submits necessary tax documents to:

  • avoid penalties 
  • ensure the trust complies with tax laws

Lastly, we deal with legal issues that arise. 

If there are disputes about the trust, the trust and estate attorney steps in. 

They may negotiate a resolution or represent the client in court if necessary. 

The goal is always to protect the client’s interests and the integrity of the trust.

Trust Litigation And Disputes

In case of disputes involving a trust, a trust attorney steps in to represent their client in court. 

The attorney’s role is to prepare a robust case to defend the client’s interests.

If the client is a trustee, the attorney argues on their behalf. 

They aim to uphold the trustee’s actions and decisions, showing they were:

  • in line with the trust’s terms 
  • in the best interest of the beneficiaries

When representing a beneficiary, the attorney seeks to protect the client’s rights to the trust assets.

They may challenge the trustee’s decisions if they appear to harm the beneficiary’s interests.

In situations where the client is contesting the trust, the attorney challenges the validity of the trust itself. 

They might question the circumstances under which the trust was established

This could be things like potential undue influence or lack of capacity of the trust’s creator.

Through these actions, a trust attorney strives to resolve trust disputes effectively, safeguarding their client’s interests.

Choosing the Right Trust Attorney In Georgia

Choosing the right family trust attorney is a crucial decision that can significantly impact your estate planning process. 

This choice will influence the setup, administration, and potential litigation of your trust. 

The following sections detail factors to consider when selecting your trust attorney.

Do I Need A Trust Lawyer In Georgia?

A trust fund attorney can be very beneficial if you’re setting up a trust. 

They understand the complex legalities and can help you navigate them. 

Trusts can be complicated, with different types offering various benefits and drawbacks. 

Attorneys who specialize in Georgia trust laws can advise you on the best type for your situation.

A trust attorney becomes even more critical when you have:

  • substantial assets 
  • a complex family situation

They can help ensure your assets are distributed according to your wishes while minimizing potential disputes and tax implications.

Trust attorneys are also important in trust administration. 

They guide trustees in their duties, helping to manage the trust properly and avoid legal issues.

In the case of disputes or litigation involving the trust, a family trust lawyer is invaluable. 

They can represent your interests, protect your rights, and work towards a resolution.

So, do you need a trust attorney? 

If you want peace of mind, expert advice, and professional handling of your trust matters, the answer is yes.

Relevant Experience and Expertise

Trust lawyers must have relevant experience and expertise in trust law. 

Attorneys specializing in trusts:

  • will be up-to-date with the latest legal changes 
  • can offer insightful advice based on their extensive knowledge

Trust law is a complex field with unique rules and regulations. 

It’s not enough for an attorney to be familiar with general law. 

An attorney specializing in trust law will be knowledgeable about:

  • the intricacies of setting up various types of trusts 
  • navigating potential legal hurdles

How Much Does A Trust Attorney Cost?

A trust attorney’s cost varies based on:

  • the complexity of your estate 
  • the services you need 

For a typical trust, the cost is around $2,000. 

For more complex estates requiring specialized planning, the fee starts at $5,000.

And they can increase depending on the intricacy of the work. 

Additionally, for work charged by the hour, the rate is $400. 

This may apply to tasks like trust administration, litigation, or consultation. 

It’s always crucial to discuss fees upfront and understand what services are included in these costs.

Hiring A Trust Attorney

If you want help from a Georgia trust law firm, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future
  • not losing everything to creditors and lawsuits
  • properly (and legally) distributing assets 

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our trust fund lawyers.

Benefits of our trust services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning strategies:

  • Creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

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