Moultrie, GA asked in Estate Planning for Georgia

Q: Step mother is asking for a year's support from estate of my father? What does this mean?

My step mother and I are were left executors of the father's estate. This is a wife of 4 years who has gained almost everything my dad has worked his entire life for. He left her a life estate to live in the house but left the house to me and her each owning 50%. There are stipulations she has to follow to stay in the house like upkeep on the house, the yards, etc.

I found out yesterday that she is asking for a year's support from the estate. I am not real sure exactly what this means. The house is still in my deceased father's name and a previous wife who is also deceased. I have asked that we work on putting the deed into our names but I get no response from her when I ask questions regarding the house. The house is paid off. When he found out he was terminally ill he paid the house off with a portion of his retirement. Thank you for your time!

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1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Here is some general information. In Georgia, a petition for year's support is a petition by the surviving spouse to have property in the estate set aside for her benefit. If the petition is granted, the property will be set aside to the spouse and the spouse will own the property. If the order for year's support sets aside property (e.g., a house) to the surviving spouse, the surviving spouse will own the property without regard to the provisions of the will. Other heirs, such as children, supposed to be given notice of the petition as required by law. An heir may acknowledge service of the petition. There is a very short time to contest a petition for year's support. You should seek the advice of a probate attorney immediately. This response is not intended to provide legal advice about your particular situation, but only general information. It does not establish an attorney client relationship between us.

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