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Distributions · 6 min lekti
The instrument's words first
The trust's provisions say who takes, when and in what shares. Net income is distributed at least annually (O.C.G.A. § 53-12-244); a trustee has no duty to investigate a beneficiary's resources before distributing (§ 53-12-245); and a discretionary power — however broad its words — is exercised in good faith (§ 53-12-260). A trustee who is also a beneficiary does not make discretionary distributions to themselves except under an ascertainable standard, nor to satisfy their own support obligations (§ 53-12-270).
What per stirpes means in Georgia
For an intestate estate, O.C.G.A. § 53-2-1(c)(3) gives the decedent's surviving children equal shares, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life — the division begins at the children's generation and a deceased child's share passes down that child's own line. The same pattern applies among siblings and among uncles and aunts. A trust's own "per stirpes" is read as the instrument's words, which may adopt that pattern or define another; the distribution calculator shows the arithmetic of each system for a family tree you model and decides nothing.
After the settlor's death: the contest period
A judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor's death is commenced within two years of the death (O.C.G.A. § 53-12-45(a)). The trustee may proceed to distribute under the trust provisions and is not liable for doing so unless the trustee knows of a pending contest, or a potential contestant has notified the trustee in writing of a possible contest and a proceeding is commenced within 60 days after the notification was sent; a beneficiary of a trust determined invalid returns the distribution (§ 53-12-45(b), (c)).
The estate's claims, and the beneficiary on public benefits
After the settlor's death, the property of a trust that was revocable at the death is subject to the claims of the creditors of the settlor's estate to the extent the probate estate is inadequate (O.C.G.A. § 53-12-82(a)(2)(C)), in the order § 53-7-40 ranks them — year's support for the family first (§ 53-3-1). A distribution to a beneficiary on means-tested benefits can affect eligibility; a creditor cannot compel a distribution payable only in the trustee's discretion (§ 53-12-81), and the Department of Community Health's recovery from a recipient's estate has its own limits (§ 49-4-147.1).
Lwa yo, mo pou mo
Discretionary powers
O.C.G.A. § 53-12-260 ↗Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.
Limitation on action contesting validity of revocable trust
O.C.G.A. § 53-12-45 ↗Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.
Rules for trusts; consideration of assets of an inter vivos marital trust following death
O.C.G.A. § 53-12-82 ↗Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.
Rules of inheritance when decedent dies without will; effect of abandonment of child
O.C.G.A. § 53-2-1 ↗Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.
Kesyon moun poze souvan
What is Georgia's default rule when a beneficiary dies before the settlor?
The trust's own words decide. For an intestate estate, O.C.G.A. § 53-2-1(c)(3) divides per stirpes from the children's generation — a deceased child's descendants take that child's share.
How long after a Georgia settlor's death can the trust be contested?
Two years from the death (O.C.G.A. § 53-12-45(a)); the trustee may distribute meanwhile without liability unless a contest is pending or a contestant's written notice is followed by a proceeding within 60 days (§ 53-12-45(b)).
Does a Georgia trust have to pay the settlor's debts?
After the death, the property of a trust that was revocable at the death answers for the claims of the creditors of the settlor's estate to the extent the probate estate is inadequate, subject to the settlor's direction of the source of payment (O.C.G.A. § 53-12-82(a)(2)(C)).
Lekti ki gen rapò
Sant Aprantisaj la se enfòmasyon jeneral sou lwa Jòji — se pa konsèy legal, e li pa ranplase konsèy yon avoka Jòji ki gen lisans sou reyalite pa ou. TrusteeClear se yon lojisyèl, pa yon kabinè avoka.