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Marietta Trusts Lawyer

You cannot control how or when you will pass away. However, there are ways of planning for your property and savings to ensure that it is distributed to your loved ones in the way that you intend. One effective way of doing this is by setting up a Trust.

Trusts are legal instruments that allow you to transfer money or items to another person, known as a trustee. The trustee will manage your property and distribute it to the proper heirs once you pass away. There are many different types of Trusts, each designed to serve a unique purpose, so it is recommended that you discuss your options with an experienced attorney. At Nelson Elder Care Law, a Marietta Trusts lawyer can walk you through every aspect of the legal process.

Basics of Georgia Trusts Law

As a legal document, a Trust does not require any specific format or language in order to be valid. However, it is important to seek skilled legal counsel when creating a Trust, as there are certain requirements that may differ by state. Under Georgia Code §53-12-20 there are some requirements including:

  • The person creating the document intends to create a Trust
  • The document outlines the property to be put in the Trust
  • The Trust names the people (known as beneficiaries) that will inherit property. There are certain types of Trusts regarding the care of a pet or donations to charity where this is not required.
  • The document names a trustee to manage the Trust
  • The trustee has specified duties to uphold
  • The Trust is for a lawful purpose

Revocable and Irrevocable Trusts

In Georgia, there are two main types of Trusts: Revocable and Irrevocable. A Revocable Trust can be changed or revoked after you create it. Irrevocable Trusts can also be changed after they are created. A skilled Trusts attorney at our Marietta office can help you decide which option is right for you. We can also help with other important decisions surrounding the creation of a Trust, such as picking a trusted person to manage it.

What are the Duties of a Trustee?

Under Georgia law, a trustee can be any individual or entity that has the legal capacity to manage the Trust. After accepting the position, a trustee is responsible for administering the Trust in good faith and in accordance with your wishes. This means that trustees must exercise reasonable care and judgement when fulfilling their duties. Our attorneys are well-versed in these responsibilities and can help you administer a Trust if you were named as a trustee.

One of your duties as a trustee is to notify qualified beneficiaries within 60 days of the creation of a Revocable Trust. This notification must include your name and address. At least once a year or upon request from a beneficiary, you must provide a report about the items and money in the Trust, as well as any other relevant details. Our seasoned Trusts lawyers can help you as you manage these duties and inform you of any other trustee obligations.

Contact a Marietta Trusts Attorney

There are many reasons to establish a Trust. These legal tools can help your family avoid the complex probate process and ensure that your assets are distributed according to your wishes. If you are considering plans for protecting loved ones, speak with a Marietta Trusts lawyer at Nelson Elder Care Law. Our legal team can walk you through your options in a free consultation, so call us today.

Hear From Our Clients
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I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

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I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

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