Why Blended Families in Georgia Should Choose a Trust Over a Will

Ashley Black
Nov 20
2 min read

Blended families are becoming increasingly common in Georgia, with many households including children from previous relationships, stepchildren, or remarriages. While every family wants to protect their loved ones, traditional wills may not provide the security and control that blended families need. That’s why creating a trust is often the smarter choice for estate planning in Georgia.

Wills in Georgia Still Go Through Probate

A common misconception is that a will avoids court. In Georgia, a will must go through probate, the legal process where the court validates the will and oversees the distribution of assets. Probate can:

Take months or even years to complete
Generate costly legal fees
Expose your family to disputes
Make your estate plan a matter of public record

For blended families, probate is often where disagreements over inheritance arise. A trust, on the other hand, allows your estate to bypass probate entirely, saving time, money, and family stress.

Georgia Inheritance Laws May Not Protect Your Blended Family

Without a proper estate plan, Georgia’s default inheritance laws will decide how your assets are divided. Your new spouse could receive part of your estate, your biological children could receive part, and your stepchildren might inherit nothing—even if you raised them as your own.

A trust gives you full control over your assets, ensuring that your wishes are honored and your family is protected.

A Trust Protects Your Spouse While Securing Your Children’s Inheritance

One of the biggest concerns for blended families is: “How do I take care of my spouse now while making sure my children inherit later?”

A properly drafted trust can:

Provide lifetime support for your spouse
Prevent assets from being diverted away from your children
Ensure your children receive their inheritance exactly as you intend

A simple will cannot guarantee these protections, leaving room for disputes or unintended outcomes.

Reduce Conflict and Stress in Blended Families

Blended families have more moving parts, and unfortunately, more opportunities for disagreements. A trust:

Clearly spells out your wishes
Appoints a neutral trustee to manage assets
Reduces the likelihood of challenges in court

By using a trust, your family can avoid confusion and conflict during an already emotional time.

Maintain Privacy with a Trust

Probate is public in Georgia, meaning anyone can see your estate and who inherits. A trust keeps your financial matters private, ensuring your family’s affairs remain confidential.