Cherokee County, Georgia Probate Litigation Attorney
Georgia Year's Support Attorneys
Georgia probate law allows a surviving spouse and minor children to seek 12 months of living expenses from the assets of a spouse or parent who died. This is known as "year's support." If this request goes unchallenged, most Georgia Probate Courts will simply grant the request.
The Atlanta probate lawyers at Vayman & Teitelbaum, P.C. are accomplished in representing executors, surviving family members, heirs, and beneficiaries in challenging claims for year's support made by a surviving spouse and minor children. Any objection to a petition for year's support must be timely filed or the right to challenge the petition may be waived.
Canton & Woodstock Probate Attorneys
Any award for year's support is paid to a surviving spouse and minor children before any assets are distributed under the terms of a will. This may be true even if the surviving spouse has been completely cut out of the will.
Practically speaking, that means that even if a father left half of his estate to his 35 year-old son, half of his estate to his 38 year-old-daughter and left nothing to his second wife, his second wife can still seek 12 months of living expenses allowing her to live in the same lifestyle she was accustomed to before her husband's death. This can quickly deplete the assets of the estate leaving son and daughter with little to nothing after an award of year's support is paid.
An award for year's support may include use of a vehicle, a house, and cash payments. Even though an award of year's support should be the amount necessary for support for a 12 month period, the surviving spouse and minor children may retain any portion of the year's support award they do not use within 12 months.
The criteria considered by a Georgia probate court in determining the amount of an award for year's support are:
- The ability of the surviving spouse to support herself or himself. This includes the income and earning capacity of the surviving spouse.
- The solvency of the estate.
- Any other factors the court deems appropriate to consider.
Ball Ground & Holly Springs Probate Litigation Lawyers
The Alpharetta law office of Vayman & Teitelbaum, P.C. represents executors, administrators, heirs and family members involved in probate disputes and challenges to year's support. Contact us and our firm will represent you with care and strong advocacy.
