It’s natural for a person to want assurances that their wishes will be carried out when they pass away. Wills and trusts are each an important part of estate planning. But all plans are carried out by people and decisions on who will run a trust can go a long way toward deciding how smoothly the distribution of assets will run and how closely it aligns with the desires of the deceased. A Gainesville probate attorney and trust administration lawyer can serve a valuable role.
Lanier Law Group serves the broader Northeast Georgia area on a wide range of estate planning matters, including probate and trust administration.
The way to avoid probate altogether is for the assets to have been placed into a trust. The person who sets up the trust is the grantor. The person running the trust is the trustee. When the grantor is alive, they may choose to be their own trustee, or they may delegate the job to a Georgia trusts lawyer. In either case, the grantor must choose a successor trustee–the person that will run the trust after the grantor has passed away.
How a trust is administered after the grantor’s death is decided, in large part, by how the trust was structured to work and what its purpose was.
A grantor may have chosen to set up a living trust. This one where money and assets were put into the trust while the grantor was still alive. The other option is a testamentary trust. This is where assets go into the trust immediately upon the grantor’s passing, therefore bypassing probate. It’s also possible to set up a trust that is funded while the grantor is alive (therefore a living trust), while still having assets that will only go into the trust upon death (the testamentary trust).
Trusts can be set up to meet a number of different purposes. The most basic is to simply avoid probate and get all the beneficiaries their inheritance. In that case, a Gainesville trust administration lawyer simply executes that task, and the trust is dissolved.
But other trusts are set up to be ongoing. Parents of an adult child with special needs may set up a trust to supply the adult child with an income that they can live on without jeopardizing eligibility for government benefits. The trust administration lawyer would handle that incremental distribution of the adult child’s inheritance.
Other situations might see inheritances set to kick in at certain threshold points of a beneficiaries’ life. They might receive the money conditional on graduation from high school or college. Getting married is another common trigger point for an inheritance. A trust administration attorney oversees inheritance distribution in these cases.
Common challenges that arise during trust administration include:
Trust administration offers several benefits, both to the trustor who creates the trust and to the beneficiaries who receive its assets. These benefits include:
At Lanier Law Group, we understand that trust administration can be a complex and sensitive process. Our dedicated team in Gainesville, GA, is here to provide you with personalized support and expert guidance every step of the way. Here are a few reasons why you should choose us for your trust administration needs:
Let us take the burden of trust administration off your shoulders. Contact Lanier Law Group today to schedule a consultation and discover how we can assist you in managing your trust with confidence and care.
Looking for expert assistance with probate and trust administration in Georgia? Don’t face the legal complexities by yourself. Our dedicated team of probate and trust administration lawyers is ready to provide the support you need. Ensure a seamless and efficient process while safeguarding the interests of your loved ones. Get in touch with us now to schedule a consultation and tap into our extensive knowledge of Georgia’s probate and trust laws. Take the initial stride towards peace of mind and effective management of your estate.
Yes, a trust can often be modified or revoked by the grantor as long as they are alive and have the mental capacity to do so. However, certain types of irrevocable trusts cannot be changed once established without the consent of the beneficiaries.
If a trustee fails to fulfill their duties, beneficiaries may have the right to take legal action against the trustee for breach of fiduciary duty. This can result in the removal of the trustee and potential financial compensation to the beneficiaries.
Yes, trust administration in Georgia is governed by the Georgia Trust Code, which outlines the rights and responsibilities of trustees, as well as the legal requirements for administering a trust.
A living trust is created during the grantor’s lifetime and allows for the management of assets while the grantor is alive, avoiding probate upon their death. A testamentary trust, on the other hand, is established through a will and comes into effect only after the grantor’s death, typically requiring probate for the assets to be transferred into the trust.
A wide range of assets can be placed in a trust, including cash, real estate, stocks, bonds, business interests, and personal property. The specific assets will depend on the grantor’s wishes and the structure of the trust.
Call our Gainesville office todayor contact us online to set up a consultation with our trust administration attorney.