Without an estate plan, Georgia law decides how your property is divided, who manages your affairs, and who raises your minor children. Those decisions may look nothing like what you would have chosen, and your family may spend months sorting out the difference.
Taylor Odachowski Schmidt & Crossland, LLC (TOSC) helps Brunswick individuals and families build estate plans that fit their goals, from a simple will to a trust-based plan. Our attorneys work across the firm’s practice areas, including wills and trusts, probate, real estate, and business law, so your plan may account for how those areas connect.
Why Estate Planning Matters in Brunswick, Georgia
Estate planning is the process of deciding who receives your property, who manages your finances, and who makes your medical decisions if you cannot. A complete plan covers all three, not just a will. It also gives your family clear instructions during an already stressful time, which may help prevent disputes over who should act and what you intended.
Many Brunswick families hold coastal real estate, a family-owned business, or both, and those assets take careful planning to pass on smoothly. According to Georgia’s guide to writing a will, a valid will must be in writing and signed, and two witnesses must sign it in your presence. Without a valid will, your property goes to living relatives under Georgia law, whether or not that matches your wishes.
Estate Planning Services in Brunswick, GA
Every plan is different, so we start with the documents that fit your situation. Common services include the following.
- Last will and testamentTransfers your property to the people or organizations you choose, names a personal representative, and names a guardian for minor children.
- Living trustCreates a mechanism to manage your property.
- Georgia Advance Directive for HealthcareStates your healthcare, end-of-life, and after life wishes in one place and appoints individual(s) to decide if you cannot.
- Statutory (durable) power of attorneyDesignates the person(s) of your choosing to handle your financial matters if you cannot.
- Power of attorneyScope and effect depend on its purpose, because no single document addresses every situation.
- Family limited partnershipManages property much like a trust while allowing additional tax planning.
- Business succession planningPrepares a family-owned business to pass to a chosen successor.
Not every client needs every document, so we recommend only what serves your goals.
How Georgia Estate Planning Documents Work
Each document does a different job, and they work best together.
Wills and Trusts
A will takes effect at death and generally passes through probate. A living trust holds property during your lifetime and can transfer it to beneficiaries without probate, which may reduce cost and delay. Many plans use both, and our wills and trusts attorneys can help you choose the right structure.
| Last will and testament | Living trust | |
|---|---|---|
| When it takes effect | At death | During your lifetime |
| Probate | Generally passes through probate | Can transfer property without probate |
| Primary role | Names a personal representative and a guardian for minor children | Creates a mechanism to manage and transfer your property |
| Used together | Catches any assets not placed in the trust | Holds the assets placed in it |
Healthcare Directives and Powers of Attorney
A Georgia Advance Directive for Healthcare records your wishes and names someone to decide about your care if you cannot. A power of attorney governs financial matters, and because its scope depends on its purpose, we draft each one for a specific need.
Guardianship for Minor Children
A will lets you name a guardian for your minor children. Without that nomination, a court may decide, which can lead to delay or disagreement among relatives. Pairing the nomination with a trust can also help manage the property your children inherit until they reach adulthood.
Probate and Estate Administration in Brunswick
When someone passes away, the estate typically moves through probate, a court process that validates the will, names a personal representative, settles debts, and distributes assets. The process can take several months or longer, depending on the size and complexity of the estate and whether disputes arise. In Brunswick, those matters are handled through the Glynn County probate court.
Planning ahead may reduce the burden on your family, because assets in a living trust, accounts with named beneficiaries, and jointly titled property generally pass outside probate. If your family is already in the process, we assist with probate matters from creditor notices through final distribution, and we can help if disputes arise among beneficiaries.
Our Estate Planning Process
We begin with a conversation about your assets, your family, and your goals. From there, we recommend the documents you need and explain, in plain language, why each one matters and what it can and cannot do, then draft each one under Georgia law and review it with you before signing.
Estate planning is not a one-time task. Marriage, divorce, a new child, a major change in assets, or the death of a named beneficiary may all affect your documents, and knowing when you should update your will helps keep your plan current.
Contact Taylor Odachowski Schmidt and Crossland About Your Estate Plan
TOSC is a full-service, Martindale-Hubbell AV™ rated law firm with over 350 years of combined attorney experience and decades of service from our location next to the St. Simons Island Lighthouse. We bring that depth to every plan, from a first will to a family business transition.
We serve individuals, families, and business owners throughout Brunswick and Glynn County. You can review the attorneys who may handle your plan, and when you are ready to begin, contact our office today.
Frequently Asked Questions About Estate Planning in Brunswick
Why should I hire an estate planning attorney instead of writing my own plan?
Georgia requires specific formalities, such as signing a will in the presence of two witnesses, and a mistake may leave a document invalid. An attorney drafts documents that work together, reviews them with you before signing, and helps keep them current as your life changes.
How can estate planning help my family avoid probate complications?
Several strategies can keep assets out of probate, including living trusts, payable-on-death account designations, and jointly titled property. Assets that pass through a trust or a named beneficiary generally transfer without court involvement, which may save time and reduce costs. We can review your holdings and recommend a practical approach for your situation.
What is the difference between a will and a living trust?
A will takes effect at death and goes through Georgia’s probate process before assets are distributed. A living trust holds assets during your lifetime and transfers them to beneficiaries after your death without probate. Many plans use both, with a will to catch any assets not placed in the trust.
What happens if I die without a will in Georgia?
Georgia law distributes your property to living relatives, such as a spouse and children, which may not match your wishes. You also lose the chance to name your own personal representative and a guardian for your minor children.
How often should I update my estate plan?
Review your plan every three to five years and after major life events, such as marriage, divorce, the birth of a child, the death of a beneficiary or named agent, or a significant change in assets. Business owners should also review their plans whenever ownership or structure changes.
