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BALCH & BINGHAM LLP

BALCH & BINGHAM LLP

Atlanta, United States

Founded in 1922
439 people in their team
Balch & Bingham LLP is a corporate law firm with more than 230 attorneys across offices in Birmingham and Montgomery, Alabama; Jacksonville,...
English

About Trusts Law in Atlanta, United States

Trusts are legal instruments that allow individuals to transfer their assets to a trustee, who holds and manages the assets on behalf of designated beneficiaries. In Atlanta, United States, trusts are governed by state laws and have specific regulations that must be followed.

Why You May Need a Lawyer

There are several situations where seeking legal help in trusts may be necessary:

  • If you are considering creating a trust to protect your assets, provide for your loved ones, or minimize estate taxes.
  • If you need guidance on choosing the right type of trust for your specific needs.
  • If you want to understand the legal implications and responsibilities of being a trustee.
  • If you need assistance with the administration of an existing trust.
  • If you are involved in a dispute or litigation related to a trust.

Local Laws Overview

In Atlanta, United States, the following key aspects of local laws are particularly relevant to trusts:

  • Trusts are governed by the Georgia Trust Code, which outlines the legal framework for the creation, modification, and termination of trusts.
  • Atlanta has specific laws regarding the formalities required to create a valid trust, including the need for a written document signed by the settlor.
  • The state also has rules regarding the appointment, removal, and powers of trustees, as well as the duties they owe to beneficiaries.
  • Georgia law allows for the creation of various types of trusts, such as revocable trusts, irrevocable trusts, charitable trusts, and special needs trusts.
  • It's important to note that trusts can have significant implications for taxes, including income tax, gift tax, and estate tax. Consulting with a tax professional or attorney is advisable.

Frequently Asked Questions

Q: What is the difference between a revocable and an irrevocable trust?

A: A revocable trust can be modified or terminated by the settlor at any time, while an irrevocable trust cannot be altered without the consent of the beneficiaries.

Q: Can I name myself as the trustee of my own trust?

A: Yes, many people choose to be the trustee of their own trust, allowing them to maintain control over their assets while benefiting from the trust's protections and provisions.

Q: How often should I review my trust?

A: It is advisable to review your trust periodically or whenever significant life events occur, such as marriage, divorce, birth of children, or substantial changes in assets.

Q: What happens if I don't create a trust?

A: Without a trust, your assets may be subject to probate, which can be a lengthy and expensive process. Additionally, your assets may not be distributed according to your wishes.

Q: Can a trust help with estate tax planning?

A: Yes, certain types of trusts, such as irrevocable life insurance trusts or charitable trusts, can be effective strategies for minimizing estate taxes. Consult with an attorney or tax professional for personalized advice.

Additional Resources

For further information and assistance with trusts in Atlanta, United States, you may find these resources helpful:

  • State Bar of Georgia Trust and Estate Section - www.examplelink.com
  • Georgia Uniform Trust Code - www.examplelink.com
  • Atlanta Probate Court - www.examplelink.com

Next Steps

If you require legal assistance in trusts, it is recommended to:

  1. Research and identify reputable attorneys or law firms in Atlanta, experienced in trust law.
  2. Schedule consultations with potential lawyers to discuss your specific needs and evaluate their expertise.
  3. Come prepared with relevant documents, questions, and any concerns you may have.
  4. Discuss fees and payment arrangements with the selected attorney before proceeding with any legal services.
  5. Follow the attorney's guidance and provide all necessary information for them to assist you effectively.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.