A successor trustee steps into a significant legal role at a difficult time. GA Law Group advises trustees on their fiduciary duties, helps them administer trusts correctly under Georgia law, and protects them from personal liability.
When the grantor of a revocable living trust dies or becomes incapacitated, the successor trustee takes over management of the trust. Unlike probate, trust administration does not involve court supervision — which gives trustees more flexibility, but also more personal responsibility.
Georgia's Trust Code (O.C.G.A. § 53-12-1 et seq.) imposes significant duties on trustees: the duty of loyalty (acting solely in the interest of beneficiaries), the duty of prudence (investing assets as a reasonably prudent investor), the duty to account (providing regular accounting to beneficiaries), and the duty of impartiality among beneficiaries with different interests.
Successor trustee duties typically include: notifying beneficiaries of the trust's existence, inventorying trust assets, working with financial institutions to transfer accounts, filing any required death tax returns, making distributions to beneficiaries according to the trust terms, and ultimately terminating the trust when its purposes are complete.
A trustee who breaches their fiduciary duty can be personally liable to beneficiaries for any resulting losses. Common liability traps include: self-dealing, undiversified investment portfolios, failure to communicate with beneficiaries, and imprudent distributions. GA Law Group advises trustees proactively to avoid these pitfalls.
Serving as executor of an estate is a serious legal responsibility. GA Law Group guides executors and administrators through the Georgia probate process — from filing the initial petition to final distribution — so the estate is administered correctly and efficiently.
Learn MoreWill contests are among the most emotionally charged legal matters a family can face. GA Law Group represents both those who challenge a will's validity and executors who must defend it — with direct experience in Northeast Georgia probate courts.
Learn MoreWhen someone dies without a will in Georgia, their estate is distributed according to the state's intestacy statutes. GA Law Group helps families navigate the intestate administration process efficiently and fairly.
Learn MoreGeorgia's year's support law gives surviving spouses and minor children priority access to estate assets — even before creditors are paid. GA Law Group helps families claim this important protection and advises executors on their obligations.
Learn MoreGA Law Group handles trust administration matters throughout Northeast Georgia. Schedule a free consultation to discuss your situation.
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