Tyrone, GA Estate Planning Law Firms & Lawyers

Assuming it was drafted even half-decently, your trust should state in it what you need to do to amend it. And yes, legally speaking, as long as you follow the requirements you can amend your trust yourself. But doing so is likely a very, very, very, very, very, very bad idea. Please do your desired beneficiaries a huge favor, find a good, experienced, estate planning attorney, and have the attorney help you make any changes that are needed or desired. It is so easy to overlook or mess up important details if you don't know what you're doing. Best wishes to you.

If you pass away and your husband survives you, then both he and all of your five children (I believe from your question that all of the children are yours, but that only 3 are your husband's) would have potential rights as heirs to your estate. That means that any assets that become part of your "probate" estate might be divided between the 6 of them, if you have no Will. Your husband would receive 1/3, and the 5 children would divide the other 2/3 in equal shares. However: many assets may not become part of your probate estate, and your husband, along with any child who was still under 18 at your passing, could potentially receive larger shares of the probate estate by making a claim for "year's support" under Georgia law. Children who are 18 or older cannot claim a year's support. A year's support claim can result in the entire probate estate going to the person or persons making the claim, with no assets going to the other heirs. If you have a Will, there is still a potential year's support claim, but the assets that remain are divided in accordance with the Will. Your heirs just have a chance to try to challenge the Will. Assets will only become part of your probate estate if you (a) own them in your name and (b) no right of survivorship or beneficiary designation applies, or (c) a beneficiary designation applies, but your estate is named as the beneficiary. For example, if you own a piece of real estate in your name, with no joint owner, that will become part of your probate estate. If you own the real estate jointly with your husband, then it may be that your half becomes part of your probate estate, or it may be that your half automatically transfers to him outright, depending on how the deed is worded. A bank account held jointly will normally automatically transfer to the surviving owner. A bank account held in your name will become part of your probate estate unless you have a POD or TOD designation naming a specific beneficiary; in that case, it will go to that beneficiary. I only get 3,000 characters, so I can't go into much detail. Ideally, get an estate planning consultation with a good attorney. Most offer free consults, where you can get a better idea of how these rules will actually play out in your situation, instead of general discussions.