Does a trust avoid probate in Georgia?

Yes — assets held in a properly funded trust pass directly to beneficiaries without going through the Georgia probate process. This saves time, cost, and maintains privacy.

Do I still need a will if I have a trust?

Yes. Even with a comprehensive trust, you should have a "pour-over will" that captures any assets not titled in the trust at death and directs them into the trust. It also provides a place to name guardians for minor children.

Can a trust protect assets from nursing home costs?

Potentially, but the timing is critical. An irrevocable Medicaid asset protection trust must generally be established at least five years before you apply for Medicaid to be outside the look-back period. GA Law Group can evaluate your timeline and options.

Who should be my trustee?

For a revocable trust, you are typically your own trustee during your lifetime. For successor trustees, candidates include a trusted adult child, sibling, or a professional corporate trustee. The right choice depends on the complexity of your assets and family dynamics.

Estate Planning

Trusts That Protect What You've Built.

A trust can be the most powerful tool in your estate plan — avoiding probate, protecting assets from creditors, providing for a child with special needs, or reducing estate tax exposure. GA Law Group designs trusts that serve your specific goals.

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Unlike a will, a properly funded trust avoids the probate process entirely — meaning your family receives assets faster, with greater privacy, and at lower cost. GA Law Group drafts and funds trusts for Northeast Georgia families across a wide range of situations.

Revocable Living Trusts

A revocable living trust is the most flexible planning tool available. You maintain complete control during your lifetime, can amend or revoke it at any time, and it becomes irrevocable and distributes assets seamlessly at death — bypassing probate in Hall, Gwinnett, or any other Georgia county.

Irrevocable Trusts

When asset protection or Medicaid planning is the goal, an irrevocable trust removes assets from your taxable estate and protects them from future creditors. These require careful planning given the loss of direct control, and Georgia-specific rules about look-back periods for Medicaid eligibility make experienced local counsel essential.

Special Needs Trusts

A supplemental needs trust allows a family member with a disability to inherit assets without losing eligibility for SSI, Medicaid, or other means-tested government benefits. This is one of the most consequential planning decisions a family can make — and one that must be done correctly the first time.

Funding Your Trust

A trust that is not properly funded is just paper. GA Law Group assists clients in retitling real estate, financial accounts, and other assets into the trust name — and coordinates beneficiary designations on life insurance and retirement accounts.

Frequently Asked Questions

Trusts FAQ

: Yes — assets held in a properly funded trust pass directly to beneficiaries without going through the Georgia probate process. This saves time, cost, and maintains privacy.
: Yes. Even with a comprehensive trust, you should have a "pour-over will" that captures any assets not titled in the trust at death and directs them into the trust. It also provides a place to name guardians for minor children.
: Potentially, but the timing is critical. An irrevocable Medicaid asset protection trust must generally be established at least five years before you apply for Medicaid to be outside the look-back period. GA Law Group can evaluate your timeline and options.
: For a revocable trust, you are typically your own trustee during your lifetime. For successor trustees, candidates include a trusted adult child, sibling, or a professional corporate trustee. The right choice depends on the complexity of your assets and family dynamics.

Related Services

More Estate Planning Services

Wills

A will is the foundation of any estate plan — and one of the most important legal documents you will ever sign. GA Law Group drafts clear, enforceable wills tailored to Georgia law and your family's specific circumstances.

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Powers of Attorney

A durable power of attorney ensures that someone you trust can manage your finances and make decisions on your behalf if you become incapacitated — preventing costly guardianship proceedings and keeping your affairs in order.

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Healthcare Directives

A healthcare directive ensures that your doctors and loved ones know exactly what care you want — and don't want — if you cannot speak for yourself. GA Law Group prepares advance directives that comply with Georgia law and actually work when it matters most.

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Medicaid Planning

Nursing home care in Georgia can cost over $80,000 per year. Without planning, those costs can consume a lifetime of savings. GA Law Group helps Northeast Georgia families protect their assets and qualify for Medicaid without sacrificing everything they've worked for.

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All Estate Planning Services →

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Talk to a Georgia Trusts Attorney

GA Law Group handles trusts matters throughout Northeast Georgia. Schedule a free consultation to discuss your situation.

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