Last Updated on July 25, 2025
When most people hear the word “trust,” they picture something reserved for the ultra-wealthy. But here in Georgia, more and more everyday families are using trusts to protect their homes, savings, and loved ones from future stress. You don’t need millions in the bank, just a plan for what you’ve worked hard to build.
Whether you’re hoping to make things easier for your children, avoid probate court, or shield assets from long-term care costs, this guide will walk you through the types of trusts in Georgia that might actually make sense for you.
At Chandler Law, we’ll get straight to what matters: peace of mind, family protection, and keeping control over what happens next.
What Is a Trust, Really?
(And Why Are There So Many?)
Think of a trust like a container. You decide what to put inside, like your house, bank account, life insurance, and who’s in charge of it. That “who” could be you, someone else, or a trusted company. You also decide when and how the people you care about will receive what’s inside.
So why are there different types of trusts? Because not everyone wants or needs the same thing. Some want flexibility. Others want protection from taxes or creditors. And for some, it’s about making sure a child or spouse is taken care of in just the right way.
Revocable Living Trusts
A revocable living trust is created while you’re alive. You remain in control of everything in the trust and can update it anytime. That flexibility is why so many Georgia residents use them to keep things smooth for their families later.
One big reason people choose this type of trust is to skip probate, the court process that happens after someone passes away. With a properly funded trust, your assets can pass directly to your beneficiaries, saving time, money, and stress.
Testamentary Trusts (Created in Your Will)
Testamentary trusts are created in your will and only take effect after you pass. They’re often used when minor children are involved or when you don’t want someone receiving a lump sum all at once.
For example, let’s say you have a teenage daughter. You want to leave her an inheritance, but not all at once. A testamentary trust can help with that. Instead of handing over everything at age 18, you can set it up to release funds gradually, maybe for college, a first apartment, or later milestones that matter most. This same type of control can also be established in a Revocable Living Trust.
Irrevocable Trusts – Less Control, More Protection
Irrevocable trusts can’t be changed easily after they’re created and that’s exactly why some people use them. Giving up control of your assets by using irrevocable trusts can lead to benefits like lower estate taxes, protection from lawsuits, or shielding assets from Medicaid spend-down rules.
This type of trust may be helpful for higher-asset families or people looking ahead to possible long-term care costs. That said, it’s not a decision to rush. If you’re not ready to give up access to what you put in, a revocable living trust may be a better fit.
Special Needs Trusts – Protecting a Loved One Without Risking Their Benefits
If you have a child or family member who receives Medicaid or SSI, leaving them money directly, even out of love, can cause problems. Government programs have strict asset limits, and a surprise inheritance could cut off the support they rely on.
A special needs trust allows you to leave money for your loved one without affecting those benefits. It can be used for therapies, travel, education, and other quality-of-life expenses that aren’t covered by public programs.
We’ve worked with Georgia families who used these trusts to care for a disabled child well into adulthood without jeopardizing their medical care or housing.
Charitable Trusts – Giving Back While Supporting Your Family
Two Main Options
- Charitable Remainder Trust: You or a loved one receives income from the trust now, and the remainder goes to a nonprofit when the trust ends.
- Charitable Lead Trust: The charity receives income first, and your family gets what’s left later.
When Giving Is Personal—and Practical
If you’re someone who supports causes close to your heart, a charitable trust may let you give back while still offering benefits to you or your family. This type of trust isn’t just about legacy; it can also help with taxes and long-term planning.
Trusts That Help With Long-Term Care Costs
Georgia’s long-term care costs aren’t cheap. Nursing home stays can cost upwards of $90,000 per year, and Medicaid only steps in once your assets are nearly gone.
That’s where Medicaid Asset Protection Trusts (MAPTs) come in. These are set up early (ideally at least five years before applying for Medicaid) and can help protect your home or savings from being spent down.
We’ve worked with couples across Georgia who used MAPTs to pass their home to children without losing it to care costs later.
How Do You Know Which Type of Trust Is Right for You?
Here’s the honest answer: it depends on what matters to you. There’s no one-size-fits-all.
Ask yourself:
- Do I want my family to avoid probate?
- Do I want control over how money is spent after I’m gone?
- Am I concerned about long-term care draining my savings?
- Do I need to protect a child with disabilities or special circumstances?
You don’t need to know the name of the trust that fits; you just need to know what your priorities are. The legal part can come after with assistance from one of our Alpharetta estate planning attorneys.
Examples of Costly Mistakes
This is where things get messy. We’ve seen Georgia families come in after a parent passed with a living trust, but the house wasn’t actually titled into it. Result? The kids still ended up going through probate.
Or this real life situation– a gentleman created a will online. He thought he was being thorough when he named the beneficiary of his assets as simply his “estate.” That seemed safe enough. But here’s what happened:
When he passed, the law stepped in to determine who would inherit. And because he hadn’t named specific individuals, his assets went to his closest legal relatives — his first cousins. The problem? He was completely estranged from them.
The person he was closest to, his second cousin, someone he saw as family, inherited nothing.
This wasn’t what he wanted. But the law doesn’t guess your intentions.
Proper estate planning is about more than filling out a form. It’s about making sure your wishes are carried out – clearly and legally — so the right people benefit.
Let’s look at another real-life example – someone sets up a trust online but forgot to name a backup trustee. When the original trustee passed away, everything stalled. Even well-meaning DIY trusts can be ignored by banks, insurance companies, or courts if not done correctly.
Why Working With a Local Georgia Estate Attorney Matters
Laws vary from state to state, and Georgia’s estate planning laws have their own quirks, especially when it comes to things like trust funding, taxes, and probate court procedures.
At Chandler Law, we’ve helped clients in Alpharetta and all across Georgia to create trusts that work in real life, not just on paper. Your life isn’t a checklist. And your plan shouldn’t be either.
Not Sure Where to Start? Let’s Figure It Out Together
You don’t need all the answers today. You just need to take the next step. If you’re thinking about leaving a clearer path for your family, or avoiding stress and court costs down the road, let’s talk.
Reach Out to Chandler Law today to schedule your no-obligation 15-minute call. Or, if you are ready to plan, contact us to schedule your 2-hour Life & Legacy Planning Session. We’ll listen, explain your options in plain language, and build something together that reflects what matters to you.
