Emert Law Firm, LLC
Call for a consultation
678-926-9284

Are trusts better than wills?

Trusts and wills are legal instruments used in Georgia for estate planning purposes. Neither one is better than the other. They are simply different. A will acts as a guide for handling a person's estate after he or she dies. For instance, a will might specify how to dispose of property and provide for the care of minor children.

On the other hand, a trust is a legal entity that can provide certain benefits during a person's lifetime as well as after his or her death. One of these benefits is that a trust can own property. This makes it possible for a person to create a trust, put his or her assets into it and then act as trustee. While that individual is alive, there is very little change in how the assets are handled. For example, a home owned by the trust that needs to be sold can be sold by the trustee.

One of the major differences between a trust and a will is related to the probate process that follows a person's death. In most cases, a will has to be presented to a court, and a representative has to be appointed to carry out the instructions contained in the will. However, probate can often be avoided through the use of a trust. Another advantage of a trust is that a successor trustee can step in and manage the trust in case the original trustee becomes incapacitated.

Wills and trusts are legal instruments that require careful planning in order to accomplish the goals of the creator. To make sure that a person has the proper documents in place, it is usually a good idea for him or her to sit down with an estate planning attorney who has experience in both trusts and wills.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Schedule A Free Initial Estate Planning Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

6340 Sugarloaf Parkway
Suite 200
Duluth, GA 30097

Phone: 678-926-9284
Fax: 770-932-5195
Map & Directions