Skilled Representation To Establish Trusts In Georgia Estate Plans

An effective estate plan takes into consideration all of a person's assets and uses specific tools designed to protect these assets prior to — and even after — a person's death. One such tool, a trust or trust fund, can be incredibly helpful, especially if a decedent's estate is particularly complex, minor or special-needs children are involved, or the deceased owned a business that needs to be transferred to someone else.

Setting up an estate plan for success is just one of the many valuable services we offer here at Jones & Walden, LLC. Since 2001, we have been helping individuals throughout the Atlanta area and surrounding communities address a wide range of estate planning matters, including the establishment and maintenance of various forms of trusts. Our unique backgrounds in real estate law, business law and intellectual property rights give our clients the added benefit of being able to address more complex legal matters associated with various estate planning tools without having to hire additional counsel from another law firm.

Understanding Trusts

A trust is an estate planning tool in which an individual, group or organization is appointed to serve as a trustee, thereby creating a fiduciary duty to execute the wishes of the settlor — the individual setting up the trust — for the benefit of the beneficiary — the person named as the recipient of the funds in the trust.

The trustee holds legal title to the property placed in trust for the benefit of the designated beneficiaries. Once a trust is created, other property may be added or funded into the trust.

A proper trust agreement must clearly reflect the settlor's intentions regarding the purposes, effects and implementation of the trust.

Establishing A Trust

Trusts may be created by and through a will, in which case the trust does not become effective until the death of the settlor and the probate of the will. Trusts may also be created during the lifetime of the settlor (an "inter vivos trust").

Like wills, trusts are subject to attack by heirs, beneficiaries and creditors. The settlor must give due consideration to the preparation, contents, intended effects and execution process in making a trust. As with wills, an individual should exercise great caution in any effort to self-prescribe (home remedy/do-it-yourself) a valid, enforceable trust document.

Put Your Trust In Our Capable Hands

As part of our estate planning services, we regularly address the needs of settlors, trustees and beneficiaries in Atlanta and surrounding areas. Our focus on results means we only take actions that benefit our clients and ensure that matters are resolved efficiently and effectively. When our clients need sophisticated counsel to address their complex needs, they know they can turn to and trust our lawyers to do things right the first time around.

If you have questions about establishing a trust or need help administering one in Georgia, we encourage you to reach out to our firm. We provide consultations designed to identify your legal needs and help you make smart decisions regarding your situation. If you would like to speak to an attorney at our Atlanta office, call 678-701-9235 or contact us online.