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Assets that should not be used to fund your living trust include: Qualified retirement accounts ? 401ks, IRAs, 403(b)s, qualified annuities. Health saving accounts (HSAs) Medical saving accounts (MSAs) Uniform Transfers to Minors (UTMAs) Uniform Gifts to Minors (UGMAs) Life insurance. Motor vehicles.

The key disadvantages of placing a house in a trust include the following: Extra paperwork: Moving property in a trust requires the house owner to transfer the asset's legal title. This involves preparing and signing an additional deed, and some people may consider this cumbersome.

To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.

Georgia Requires Wills to be Filed with the Probate Court The will provides the probate court with guidance on overseeing the estate and how to handle any disputes over the will itself. When a person creates a will, he or she typically names a person to serve as their executor or personal representative.

You must file the will even if you do not intend to go through the probate process. Petition the court to start the probate process. The family or executor must file a petition and pay court fees to begin the probate process. There are different forms that must be filed depending on the circumstances of the will.

Any individual who is competent to be a witness and age 14 or over may witness a will. If a witness is competent at the time of attesting the will, the subsequent incompetence of the witness shall not prevent the probate of the will.