Estate Planning

Revocable Living Trusts in Richmond Hill, GA

A revocable living trust is a legal arrangement that holds your property during your lifetime and is designed to pass it to your beneficiaries without probate when you die. You stay in complete control as your own trustee, and you can change or cancel the trust at any time. For many Coastal Georgia families, a living trust is the centerpiece of a plan that keeps the family out of court, keeps affairs private, and provides protection if you ever become incapacitated.

By Doug Molyneux · Last updated October 2026

How a living trust works

A living trust is a legal arrangement in which you (the grantor) transfer your property into a trust that you control. You name yourself as trustee, so you keep full authority to buy, sell, invest, and spend exactly as you do today. You also name a successor trustee — someone you trust to step in and manage the trust if you become incapacitated or pass away.

Because the trust holds your property, that property doesn't go through probate when you die. Your successor trustee simply follows your instructions to distribute your assets to your beneficiaries — privately, and generally faster and without court involvement. It's a smoother path for the family you leave behind.

The probate advantage

Probate is the court-supervised process of distributing your estate after death. In Georgia it can take many months, be costly, and become part of the public record — meaning anyone can see what you owned and who received it. For families with property in more than one state, probate can happen in each state where real estate sits.

A properly funded living trust is designed to keep the assets it holds out of probate, which can spare your family the court process, the delays, and the public exposure. For many families, that alone makes a trust worthwhile.

Incapacity protection built in

A living trust doesn't just help after death. If you become incapacitated — through illness, injury, or age — your successor trustee can manage your trust assets without a court appointing a guardian or conservator. That keeps your finances in trusted hands and your family out of court at a difficult time.

This is a benefit many families don't realize they need until it's too late. A trust, paired with powers of attorney and a Georgia Advance Directive for Health Care, gives you a complete safety net that covers both your finances and your medical decisions.

Revocable means flexible

A revocable living trust can be changed or revoked entirely at any time while you're alive and competent. You can add or remove property, change your beneficiaries, or change your successor trustee. Nothing is set in stone — you stay in control.

What a revocable trust does not do is protect your assets from your own creditors or from nursing home costs. For that kind of protection, we look at other tools, including irrevocable trusts and inheritance protection trusts for your children. We'll explain the difference clearly so you choose the right tool for the right job.

Funding the trust is essential

A trust only works for the assets it holds. 'Funding' your trust means retitling your home, your accounts, and your other assets into the trust's name. This is the step many families miss — and an unfunded trust provides no probate protection at all.

We don't just draft your trust and hand it to you. We walk you through funding every asset, so your trust actually does what it was designed to do. That includes coordinating beneficiary designations on retirement accounts and life insurance, which often need to name the trust or work alongside it.

Is a living trust right for your family?

A living trust isn't right for every family, but it's a powerful tool for many. If you own a home, have property in more than one state, value privacy, want incapacity protection, or have children who shouldn't receive a large inheritance outright at 18, a trust is often worth serious consideration. Our free Will or Trust quiz can help you think it through.

A good way to decide is a free consultation. We'll look at what you own, who you want to protect, and what you want to happen — and we'll give you a straight answer about whether a trust, a will, or both is the right fit for your family.

FAQ

Revocable Living Trusts — your questions answered

No. With a revocable living trust, you name yourself as trustee and keep complete control. You can buy, sell, and manage your property exactly as you do today, and you can change or revoke the trust at any time. The trust is simply a container that holds your assets so they can pass to your beneficiaries without probate. You retain full authority over everything inside it during your lifetime.

A properly funded living trust is designed to keep the assets it holds out of probate. Assets left outside the trust — or that pass by beneficiary designation, like life insurance and retirement accounts — still follow their own rules. We help you coordinate everything so your whole plan works together, including retitling assets and reviewing beneficiary designations to make sure nothing slips through the cracks.

Not necessarily better — different. A trust can help avoid probate and offers incapacity protection; a will is simpler and less expensive but goes through probate. Many families benefit from both: a trust for the assets that should avoid court, and a will (often a 'pour-over' will) as a safety net. We'll help you choose based on your assets, your family, and your goals.

For most Georgia families, no estate tax is owed at all. In 2026 the federal estate tax exemption is $15 million per person, or $30 million for a married couple, and Georgia has no estate, inheritance or gift tax. A revocable living trust generally doesn't change your income or estate taxes. For larger estates, trusts and gifting strategies can help. At your free consultation, we'll tell you whether taxes are a factor for your family.

Serving Coastal Georgia

Serving families across the region

Ready to protect the people you love?

Book a free 30-minute consultation with Doug Molyneux. We'll talk through your family, your goals, and the right next step — no pressure, no jargon.

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