Why Every Georgia Homeowner Should Review Their Estate Plan Before Year-End

Starting a new year is a smart time for Georgia homeowners to revisit their estate plans, especially if you own real estate. Your home (and any additional property) is often the most valuable part of your estate, yet it’s one of the easiest areas for plans to fall out of sync. A quick review in January can help you start the year with clarity and prevent complications for your loved ones later.

 

Even small updates over the past year, like buying a new home, refinancing, adding a co-owner, or inheriting land, can create gaps between your current property holdings and your estate documents. If those documents aren’t updated, your intentions may not be honored and your family could face probate delays, added legal costs, or even disputes.

 

Why Real Estate Needs to Be Handled Carefully in Your Estate Plan

Real estate isn’t like personal property or financial accounts. It requires specific legal documentation to ensure it passes smoothly. In Georgia, if a property isn’t clearly addressed in your will or trust, or if a deed hasn’t been updated to reflect trust ownership, the property may be subject to probate. And if there’s no valid estate plan in place, Georgia’s intestacy laws determine who inherits your home, which may not match your wishes.

What Homeowners Should Check at the Start of the Year

January is an ideal time to confirm your estate plan still matches the way your property is titled and owned. Consider reviewing the following:

• Your will or trust includes all Georgia properties by legal description. It’s not enough to reference “my house” generally; specificity matters.

• You understand how you hold title. Sole ownership, joint tenancy, and tenancy in common can all affect how property transfers.

• Trust funding is complete. If you have a trust, the deed must reflect the trust’s ownership, not simply reference it in writing.

• Any survivorship language or transfer-on-death planning is current (where applicable). These tools may help avoid probate, but only if executed correctly and kept up to date.

• Out-of-state property is addressed. Without planning, it can trigger additional probate proceedings in another state.

• Your documents reflect recent life changes. Marriage, divorce, a new child, or a death in the family can all impact real estate planning decisions.

What Can Go Wrong Without Proper Alignment

When real estate is left out of a plan or titled incorrectly, the outcomes can be frustrating and expensive. For example:

• A home not properly transferred into a trust may force heirs into probate, even if other assets avoid it.

• A recently purchased property not addressed in your will may pass under intestacy rules and go to unintended beneficiaries.

• An out-of-state rental property may require a second probate process in that state.

• Family disagreements can arise when vague language conflicts with deed ownership or shared property arrangements.

The Value of Working With a Georgia Estate Planning Attorney

At Dyer Rusbridge Argo, P.C., we help homeowners throughout Cherokee County and across Georgia align their estate plans with current property holdings. A start-of-year legal review can ensure your wills, trusts, and deeds are up to date and that your intentions are clear.

An experienced estate planning attorney can also help you spot planning opportunities that make sense early in the year, including proactive strategies related to property transfers, long-term goals, and family changes.

 

If you want to begin the new year with confidence and peace of mind, we invite you to schedule a consultation. Call 770-479-7418 or contact us online to start your estate plan review today.