Revocable Living Trusts: The Basics in Georgia
When people start thinking about estate planning, one of the most common questions we hear is: “Do I need a trust?”
It’s a great question—and like most things in estate planning, the answer depends on your situation. Let’s break down one of the most common trusts, a revocable living trust, what it is, how it works, and whether it makes sense under Georgia law.
What Is a Revocable Living Trust?
A revocable living trust is exactly what it sounds like: a trust you create during your lifetime that you can change, amend, or revoke at any time. You’re still in control of the assets you put into it, but you also set up instructions for what happens after you’re gone.
When you pass away, the trust can either distribute assets directly to your beneficiaries, or it can work alongside a simple “pour-over will,” which directs any probate assets into the trust.
Why Do People Use Them?
Revocable living trusts come with some popular benefits:
Avoiding probate – If the trust is properly funded, your loved ones may not have to go through the probate process, which can save time and money.
Privacy – Unlike wills, trusts are private documents, so your family’s financial details won’t become part of the public record.
Smoother administration – If you own property in more than one state, a trust can make things much easier by avoiding extra court proceedings (called “ancillary probate”).
The Drawbacks in Georgia
Here’s the part that surprises many people: in Georgia, revocable trusts don’t always provide the big advantages you may hear about in other states.
No real creditor protection – If your estate can’t cover debts, creditors can still reach assets in your trust.
Probate isn’t that bad here – Georgia has one of the more efficient and cost-effective probate processes in the country, so avoiding probate isn’t always a game-changer.
They require upkeep – For a trust to work, you have to transfer your assets into it during your lifetime. That means extra paperwork and a bit more ongoing effort.
So…Do You Need One?
A revocable living trust can be a powerful tool—but it’s not always necessary. For some people, it provides peace of mind, flexibility, and privacy. For others, a simple will (or another planning strategy) might make more sense.
At the end of the day, estate planning is personal. The right plan depends on your goals, your family, and your assets.
If you’re wondering whether a revocable living trust is the right fit for you, give us a call or send us a message. At DiNatale Law, we’ll walk you through your options and help you build a plan that works best for your family.
Contact us HERE to set up an appointment or call with an attorney.
