Legal Question in Wills and Trusts in Georgia

Your post sounds like you are trying hard to make a horrific estate that will be a nightmare for your heirs and family. First of all, absent very unique tax or family situations, living trusts are an expensive and unnecessary step, and you should not do one without legal advice and careful drafting.

And if you do a form will, there is a big risk that you will complicate probate or, worse yet, have an invalid document.

A badly drafted POA can allow someone to steal your assets.

So spend a few hundred dollars on a real lawyer, do things right, get only the documents you need custom made to fit your needs and wishes, and give up on finding some Big Lots or Office Depot clearance rack solution that could cost you and your family thousands to fix later.

I could not agree more with Attorney Ashman's sentiments. Yes, of course there are packages if you insist on doing it yourself. Try www.nolo.com for wills and trusts or www.legal zoom.com. You also can get POAs and living wills for free at www.ilrg.com in their form archive or in your state statutes.

However, let me make it clear that I am not endorsing these products. I have seen the stuff from Nolo and I am not impressed. Getting a do-it-yourself form is not a substitute for a properly drafted document by a GA attorney. These forms do not have access to state law and cases and are sometimes wrong. Even if the forms are A-OK, you still have to fill them out. What if you think you are being clear and you are not? What if you screw something up? For example, there are some assets which should NOT be in a trust for tax reasons. If you put this in the trust, this could have tax ramifications. If that happens in your case, the few dollars you think you are saving could end up costing your estate or your heirs hundreds or thousands of dollars.

How do you know if you even need a trust? Lots of places hype this but trusts are not for everyone. It depends on the kinds of assets that you have and their value. I have seen attorneys charge from anywhere between $1000 and $5000 for a trust on average. My rule of thumb is generally if you own a significant amount of property (land, house, cars, stocks, etc. which is valued at over $1 million), if you have federal estate tax issues, if you own property in multiple states or if you own multiple parcels of property or if you have a relation whom you wish to disinherit and whom you strongly suspect will file a will caveat, then maybe you should have a trust. If you have less than $1 million in assets, only own a home in one state and have a very simple estate plan leaving your assets to your spouse and/or children, then a will would probably suffice. I can't speak for what other attorneys charge for a will and related documents, but I charge $250 - $500 depending on what is needed for a will (single person vs. a couple), financial POA, medical POA & advance directive (called a living will in some states) plus some related documents.

The horror stories about probate are myths. In some states, probate might be bad, but I don't think it is in Georgia. Yes, the court does kind of regulate the procedure by making you fill out forms, but if you plan things right, probate may not even be necessary. Do yourself and your family a huge favor. Pay an estate & trust lawyer to speak with you about your assets and debts and do your estate plan for you correctly.

Here are some helpful cites to articles about living trust scams:

For additional information, see:

"AARP on Living Trust Scams" and "Living Trusts: Arranging How You Want Your Property Managed Before and After Your Death," both from AARP. AARP also publishes a booklet, "A Consumer's Guide to Living Trusts and Wills" (D14535), a copy of which can be obtained by sending an email request to [email protected]. (Be sure to include your name, mailing address, the publication title, and the publication number--D14535.)

"Beware of Living Trust Scams," a Consumer Advisory from the Attorney General of Pennsylvania.

"Living Trust Offers: How to Make Sure They're Trust-Worthy" from the Federal Trade Commission.