Guardianship and Trusts are terms you may have come across during your research. These two terms are often used interchangeably; however, guardianship and trusts are actually two different legal processes. It is important to understand the difference between guardianship and trust before moving forward with any proceedings regarding these two important issues. According to the best probate lawyer in Georgia, there are a number of different situations that could potentially entitle a beneficiary or other individual to the possession and transfer of an estate.
The term “guardianship and trust” is used synonymously with probate. Probate is required when a dead person leaves property in their name alone. A court then files a request for probate, which enables distribution of the deceased’s assets to beneficiaries. A few common examples of probate include wills and trusts. If you are considering planning or executing a will or trust, it is important to contact a qualified attorney who has experience working with individuals and estates.
A qualified probate lawyer can answer all of your probate questions and can provide information regarding the qualifications of a probate court and the role of probate attorneys in the process. Additionally, a probate lawyer can provide guidance regarding the use of guardianships and trusts and can assist with probate administration. Many individuals do not realize the importance of hiring a probate lawyer. This is primarily due to the fact that probate administration and guardianship can be complex and time consuming, which can be stressful for many individuals.
Upon death, most individuals will leave a personal representative such as a guardian or trustee with the property. In cases where this is the case, the person who will be appointed to administer the trust or guardian will be required to take and pass an oath administered by a judge. The purpose of this test is to ensure that the individual has the knowledge and ability to make decisions in regards to the property and estate. If the individual does not pass the test, he or she may be removed from the guardianship and trust without the court having to prove that there is an inability to make sound decisions.
Trusts and guardianship also came in forms such as revocable and irrevocable trusts. Revocable trusts only need the consent of the ward or guardian to terminate. Irrevocable trusts must be initiated by a person other than the ward or guardian. Once the initiator of the trust passes away, the trust will cease to exist. It is important that you understand the difference between these types of trusts.
Often people have a difficult time disposing of their personal property because they do not understand the difference between the two different types of trusts. This is why it is so important for a probate court to issue regulations that clearly address the differences between the two legal documents. In the end, you want to make sure that you appoint a personal representative to handle your affairs. The personal representative will be there to make sure everything is handled appropriately and to protect your interests when you are gone. You want to select a trustworthy individual to help protect your interests.