Testamentary Trusts – Providing Long-Term Protection for Your Loved Ones
Law for Georgia, LLC

When planning your estate, a Last Will and Testament allows you to control the distribution of your assets—but what if your beneficiaries aren’t ready to manage those assets themselves? A testamentary trust offers a solution. At Law for Georgia, LLC, we help individuals and families across Georgia incorporate testamentary trusts into their wills to provide structured, long-term protection for loved ones—especially children, dependents with special needs, or financially inexperienced heirs.

What Is a Testamentary Trust?

A testamentary trust is a trust that is created through a Last Will and Testament and goes into effect only after the death of the testator (the person making the will). Unlike a living trust, it is not operational during your lifetime.

This type of trust allows you to:

• Control how and when assets are distributed

• Protect assets from being spent irresponsibly

• Designate a trustee to manage assets on behalf of beneficiaries

• Provide long-term care for minors, elderly parents, or individuals with disabilities

• Delay distribution until beneficiaries reach a certain age or milestone

When Should You Use a Testamentary Trust?

A testamentary trust may be right for your estate plan if you want to:

• Leave assets to minor children – Children under 18 cannot legally manage an inheritance. A trust allows a responsible adult to manage the funds until the child reaches a designated age.

• Provide for a loved one with special needs – A trust can ensure ongoing support without jeopardizing eligibility for public benefits.

• Control distributions to young or financially inexperienced heirs – You can stagger distributions or require milestones (e.g., college graduation).

• Ensure responsible management of large inheritances – A trustee oversees the investment and distribution of trust funds according to your instructions.

• Support multiple beneficiaries over time – A trust can be used to provide income to surviving spouses, dependents, or others over many years.

Key Components of a Testamentary Trust

When setting up a testamentary trust, it’s important to define the following:

• Trustee – The person or institution responsible for managing the trust and distributing assets

• Beneficiaries – The individuals who will receive funds from the trust

• Terms of distribution – When and how assets will be distributed (e.g., at age 25, upon marriage, annually for life)

• Purpose of funds – For education, health care, support, or general use

• Successor trustee – A backup trustee in case the primary trustee is unable to serve

How Law for Georgia, LLC Can Help

Our estate planning attorneys take the time to understand your family’s unique needs and goals. We guide you through the process of creating a testamentary trust that aligns with your wishes and ensures long-term protection for your loved ones.

Our services include:

• Drafting a customized Last Will and Testament with testamentary trust provisions

• Helping you choose a qualified and trustworthy trustee

• Structuring trust terms to meet your family’s needs and reduce potential conflicts

• Coordinating the trust with your overall estate plan, including powers of attorney and living wills

• Reviewing and updating your documents as life circumstances change

Secure Your Legacy and Provide for the Future

A testamentary trust offers peace of mind that your assets will be used wisely and according to your wishes—even after you’re gone. At Law for Georgia, LLC, we’re here to help you build an estate plan that truly protects your loved ones and preserves your legacy.

Contact Law for Georgia, LLC