Testamentary Trusts: A testamentary trust in Georgia is created by a will and comes into effect after the creator’s death.

• The key features of a testamentary trust are:
  1. Delayed Creation: It doesn’t exist until the creator’s death.
  2. Probate: It is subject to the probate process.
  3. Control: It allows you to dictate how your assets are distributed after death.
• The pros of a testamentary trust are:
  1. Control: You decide how and when beneficiaries receive assets.
  2. Protection: It can protect minors or irresponsible beneficiaries from misusing assets.
• The cons of a testamentary trust are:
  1. Probate: It goes through probate, making it a public record.
  2. No Living Benefits: It doesn’t help manage assets or avoid probate during your lifetime.

Revocable Trusts: A revocable trust in Georgia is a flexible estate planning tool.

• The person who creates it can alter or terminate it during their lifetime.
• The key features of a revocable trust are:
  1. Control: The creator maintains control over the trust’s assets.
  2. Changeable: Can be modified or dissolved anytime.
  3. Privacy: Avoids probate, keeping the estate’s details private.
• The pros of a revocable trust in Georgia are:
  1. Flexibility: Change or revoke it as your circumstances change.
  2. Probate Avoidance: Helps avoid the probate process, saving time and money.
• The cons of a revocable trust in Georgia are:
  1. No Tax Benefits: Assets are still part of your taxable estate.
  2. No Creditor Protection: Assets in the trust are subject to claims by your creditors.

Irrevocable Trusts: An irrevocable trust in Georgia cannot be altered or terminated without the permission of the beneficiaries once it’s created.

• The key features of an irrevocable trust are:
  1. Permanent: It cannot be changed without beneficiaries’ consent.
  2. Tax Benefits: It can remove assets from your taxable estate.
  3. Creditor Protection: It can protect assets from potential creditors.
• The pros of an irrevocable trust are:
  1. Estate Tax Reduction: The assets are not part of your taxable estate.
  2. Creditor Protection: Trust assets can be protected from creditors.
• The cons of an irrevocable trust are:
  1. Inflexible: It cannot be changed easily.
  2. Loss Of Control: You cannot control or manage the trust’s assets.

Typical costs of setting up a trust:

Attorney Fees: If you hire an attorney to draft your trust, expect to pay between $2,000 to $4,000 for a basic trust. More complex trusts, such as special needs trusts or tax-shelter trusts, can cost between $4,000 to $10,000 or more. Trustee Fees: If you appoint a professional trustee, they will charge for their services. Fees vary widely but might be a percentage of the trust assets, typically around 1%. Miscellaneous Costs: This includes costs like notary fees, document recording fees, or other administrative expenses. These are typically minor, usually under $100. Maintenance Costs: Trusts require ongoing administration. If you hire a professional for this, expect additional annual costs.