Understanding Wills and Trusts

Wills and trusts are foundational parts of any estate plan. Both are legal tools that determine how your assets will be managed and distributed, but they function in different ways depending on your goals.

A will outlines your wishes after your passing, such as who will inherit your property, who will care for your minor children, and who will manage your estate. It typically goes through probate court, which can take time and cost additional fees.

A trust, however, can become effective during your lifetime and offer ongoing management of your assets. Unlike wills, certain trusts help bypass probate, maintain privacy, and allow for more control over when and how your beneficiaries receive what you leave behind.

Here’s a quick side-by-side look:

- A will only takes effect after death. A trust can take effect while you are alive.

- Wills often go through probate. Trusts can allow you to avoid probate.

- Trusts offer more control and privacy regarding asset distribution.

The Role of Wills and Trusts in Estate Planning

Without a valid will or trust, state law will decide how your estate is split. This could conflict with your wishes and lead to delays, expenses, and disputes among heirs.

Creating a will means establishing who gets what and naming key people like guardians and executors. A trust lets you manage complex situations, such as caring for a loved one with special needs, staggered distributions to beneficiaries, or protecting assets from court proceedings.

An experienced attorney can help you decide which structure is right for you, ensuring your plan meets both personal and legal expectations.

Tailored Estate Planning for Milton Residents

Estate law can vary by state, making it especially important to work with a legal professional who understands Georgia’s specific requirements.

At McGinn Law, we take the time to understand the unique goals and circumstances of Milton residents. Whether you have recently moved, started a business, blended a family, or want to leave assets to a specific charity, we help tailor your wills and trusts to support the outcomes you care about most.

You should never have to settle for a one-size-fits-all solution.

Our Services for Wills and Trusts

Every client is different, and every plan should reflect that. At McGinn Law, we work with you to craft documents that are not only legally sound but that align seamlessly with your priorities. Our services include:

- Drafting legally binding wills

- Establishing revocable and irrevocable trusts

- Reviewing, updating, or amending existing estate plans

- Aligning your estate tools so they work together efficiently

- Structuring plans for businesses and blended families

Clarity is our priority. We are here to make estate planning simple and manageable.

Signs It’s Time to Update Your Plan

It’s a common misconception that your will or trust is a one-time document. Life changes, and your plan should change with it. Keeping your documents updated means they continue to reflect your wishes now, not just what made sense ten years ago.

Below are a few key life events that may require an estate plan update:

- Marriage or divorce

- Birth, adoption, or loss in the family

- Major financial changes like buying or selling a home

- Changes in your state of residence

- Appointing new trustees, executors, or beneficiaries

- Health concerns or end-of-life care choices

A periodic review of your estate plan is a smart way to ensure your loved ones are protected and everything stays aligned with the current law.



Frequently Asked Questions About Wills and Trusts

Who should have a will or trust?

Any adult with assets, property, or dependents should consider drafting a will. Trusts are ideal for those looking for privacy, flexibility, and control over asset distribution.

Can I update my documents later?

Yes. Wills and revocable trusts can be changed at any time, as long as you are mentally competent and follow legal procedures.

What happens if I die without a will or trust?

The state will divide your assets according to Georgia’s intestacy laws, which may not match your intentions. This often leads to added delays, legal complexities, and stress for your family.

Does a trust eliminate the need for probate in Georgia?

A properly funded trust can bypass probate. This helps simplify asset distribution and keep your affairs private.