Georgia Code
Article 5 - Spendthrift Provisions and Creditors’ Rights and Claims
§ 53-12-82. Rules for Trusts; Consideration of Assets of an Inter Vivos Marital Trust Following Death

(A) “Inter vivos marital trust” means:
(i) A trust described in Section 2523(e) of the Internal Revenue Code of 1986, as it existed on February 1, 2018;
(ii) A trust for which the election described in Section 2523(f) of the Internal Revenue Code of 1986, as it existed on February 1, 2018, has been made; or
(B) “Settlor’s spouse” means the spouse of the settlor at the time of the creation of an inter vivos marital trust, regardless of whether such spouse is married to the settlor at the time of such spouse’s death.
History. Code 1981, § 53-12-82 , enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 13/HB 121; Ga. L. 2019, p. 1056, § 53/SB 52; Ga. L. 2020, p. 377, § 1-79/HB 865.
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraph (a)(2)(A).
The 2020 amendment, effective January 1, 2021, inserted paragraph (a)(1) and designated the former existing provisions of subsection (a) as current paragraph (a)(2); in paragraph (a)(2), substituted “”Regardless of whether“ for ”Whether or not“ in the introductory language, redesignated former paragraphs (a)(1), (a)(2) and (a)(3) as subparagraphs (a)(2)(A), (a)(2)(B) and (a)(2)(C), redesignated former subparagraphs (a)(1)(A) and (a)(1)(B) as divisions (a)(2)(A)(i) and (a)(2)(A)(ii); substituted ”instrument“ for ”“agreement” in division (a)(2)(A)(ii); in subparagraph (a)(2)(C), substituted “: (i) The” for “, the”, substituted “creditors of the settlor’s estate to the extent the settlor’s” for “settlor’s creditors to the extent the”, substituted “; and (ii)” for a period, and substituted “creditors of the settlor’s estate” for “settlor’s creditors”.
Law reviews.
For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010).
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 66 Mercer L. Rev. 231 (2014).
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).

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