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Georgia Living Trust for Husband and Wife with No Children

State:
Georgia
Control #:
GA-E0174
Format:
Word; 
Rich Text
Instant download

Description

This Living Trust form is a living trust prepared for your state. It is for a husband and wife with no children. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.

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FAQ

Sole surviving child, or, if more than one, the majority of the surviving children. Surviving parent or parents. Surviving brother or sister, or majority of the surviving siblings. Surviving grandparent of the decedent, or the majority of the surviving grandparents.

Children - if there is no surviving married or civil partner If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.

When someone dies without a will, it's called dying intestate.When there's no will, the estate goes into probate. Probate is a legal process in which the probate court uses the laws of the state to decide who inherits what.

How Is Next of Kin Determined? To determine next of kin in California, go down the list until someone exists in the category listed.For example, if decedent had no surviving spouse or registered domestic partner, but was survived by adult children, then the adult children would be next of kin.

The actual statute may be found in the Official Code of Georgia Annotated (OCGA), Section 53-2-1. The heirs are: The spouse is the heir if there are no children (and no children who died before the decedent leaving living children of their own or descendants of living children).

Revocable living trusts can cost money up to one thousand dollars ($1,000) depending on the complexity of the situation. Also, transferring your assets to a trust can be both time-consuming and complicated.

In Georgia, if you die without a will, any assets leftover after your debts are paid off will go to your living relatives. If you have no living relatives, then any assets will go to the state. The law sets out which relatives will inherit your estate.Both a spouse and one child, they will divide the estate equally.

How Do You Avoid Probate in Georgia? The best way to a avoid probate in Georgia is by creating a revocable living trust for the estate. You can place all assets in the trust and name a beneficiary who will receive those assets after the person is deceased. Another option is by naming a beneficiary outside the will.

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Georgia Living Trust for Husband and Wife with No Children