Experienced Canton, Georgia Attorneys Prepare Wills and Trusts
Reliable lawyers provide comprehensive estate planning for Cherokee County clients
The estate planning attorneys at Dyer & Rusbridge, P.C. have more than 50 years of combined experience preparing wills and setting up trusts for Georgians. These tools are essential parts of a comprehensive estate plan. Our knowledgeable advocates take the time to carefully explain your options and then carefully craft legal instruments that meet your unique requirements.
What is the difference between a will and a trust?
As estate planning instruments, wills and trusts have important differences. A will is the basic component of an estate plan, because it keeps the state from from determining how to distribute your assets according to the laws of inheritance. A trust can hold your assets during your lifetime and transfer them to your heirs after you pass without the need for probate.
Knowledgeable counselors help Georgia residents draft last wills
Everyone with assets — a home, a bank account, a vehicle — should have a will. If you die without one, a court determines who gets your property according to state law. Anyone who is mentally competent and older than age 14 can execute a will in Georgia.
A will allows you to:
- Decide which of your loved ones receive which of your assets
- Express affection for important people in your life
- Make charitable contributions
If you’re thinking about downloading a will form from the internet, understand the risks. Without professional advice, your will might be too vague or confusing to be enforced or fail to account for all your assets. If your will lacks validity or specificity, the court will manage your estate as if you had died intestate.
Canton trusts attorneys carefully explain your options
Trusts are flexible instruments that can be tailored to meet your unique needs, so they may offer advantages over a will:
- A trust allows you to put conditions on bequests and pay out assets over time.
- A trust can provide for immediate transfer of assets, so your beneficiaries don’t have to wait for probate.
Georgia law allows the establishment of a variety of trusts to serve different needs, including:
- Revocable trusts — You can change or cancel this type of trust at any time, but it becomes irrevocable upon your death.
- Irrevocable trusts — Once you establish this type of trust, you cannot dissolve, change or cancel it. This trust can help you avoid estate taxes.
- Testamentary trusts — This type of trust is created and funded under the terms of your will. You can alter the trust as often as you amend your will.
- Special needs trusts — This is a trust parents establish to care for a special needs child in adulthood.
Our attorneys provide the personal attention you need to craft a trust that meets your goals.
In Georgia, if I make a living trust, do I still need a will?
Even if you have a living trust, you should have a will, for a number of reasons:
- You may not want to place all of your assets into the trust, but must plan for those remaining assets.
- You may accrue assets after you establish your trust, and a will is generally easier to quickly update. In fact, your trust may not allow you to add assets after you’ve established it.
- A will allows you to leave assets to someone not covered by your trust.
Even if you have a detailed trust or a combination thereof, a will is still an essential instrument.
How can I make sure my wishes are followed if I get sick?
The term “living will” refers to an advance healthcare directive, a legal instrument that allows a person to state the level of life-saving intervention they are comfortable receiving if they can’t communicate their wishes. We can draft this document for clients.
Contact experienced Georgia wills and trusts attorneys
Dyer and Rusbridge, P.C. helps clients in Cherokee County create wills and trusts to serve their estate planning needs. Our office in the heart of Historic Downtown Canton is open 8:30 a.m. to 5 p.m., Monday through Friday, with other times available by appointment. Contact us online or by phone at 770-450-5733 to schedule a consultation.