Avoiding the costs of Georgia probate with a revocable living trust

You have worked hard to build your estate for your loved ones. Why waste a portion of it to pay for probate? An experienced estate planning attorney can help you avoid the cost, time, and inefficiencies of the probate process by creating a revocable living trust.

A revocable living trust is created by a living individual and operates during that person's life time. The trust can be terminated or modified at any time for any reason by its creator, who is also called a grantor. Upon the grantor's death, the trust becomes irrevocable and the trust becomes the legal owner of the trust property, deeds, titles, and other assets that were placed into the trust.

One the primary benefits of a revocable living trust is that it can afford you the privacy that is lacking in the Georgia probate process. During probate all matters of an estate become public documents and can expose your beneficiaries to fraudulent schemes.

A revocable living trust can avoid the inefficiencies and costs of probate. If a grantor becomes disabled, a previously chosen successor trustee will become empowered to act for the trust. This can happen automatically without court intervention.

This successor trustee has a duty to act for the benefit of the grantor and to care for the trust property during the grantor's life. This duty of fidelity is also known as a fiduciary duty and prevents the trustee from converting the trust property for the benefit of a third party or anyone besides the grantor.

An important aspect of a revocable living trust is that it is not designed to shelter an estate from estate taxes. Other testamentary instruments should be discussed with an experienced estate planning attorney to make sure that the grantor of a revocable living trust receives the best tax outcome possible.

Source: The Greater Lansing Business Monthly, "Modern Estate Planning: Protecting Your Family," Stephen L. Hicks, 4/11/11

No Comments

Leave a comment
Comment Information

Mr. Teiger, Thank you very much for your time and results. I will definitely recommend you & your firm to anyone who wants to be treated professionally courteously and needs results.Hope all is well.Again...thank you. Regards, Paul L.

msg iconEmail Us For a Response

When you have legal questions or concerns, contact our team at Teiger Law Center, P.C., by calling 678-374-7645, 800-780-2275 or reach us via email by completing our online contact form. From our Cumming and Alpharetta law offices, we represent clients in the Atlanta metro and throughout north Georgia.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Cumming Office
514 West Maple Street
Suite 101
Cumming, GA 30040

Toll Free: 866-726-2153
Phone: 678-374-7645
Fax: 770-406-8858
Cumming Law Office Map

Alpharetta Office
12600 Deerfield Parkway, Suite 100
Alpharetta, GA 30004

Toll Free: 800-780-2275
Phone: 678-374-7645
Fax: 770-406-8858
Map & Directions