Legal Question in Family Law in Georgia

Estate /Family

My father passed away in Jan of this

year. He was in the process of a

divorce as his wife left him 6 months

prior while he was dying of kidney

disease and she filed for divorce.

Knowing this he re-newed his will

and left her out. She didn''t contest

the will, it was carried out and now

has filed a petition with court for a

year of spousal support in Georgia.

She has specifically named over 100

items she wants , all of which have

already been divided up according to

his will. She has been provided for in

a fund left to her (wros) as well as his

social security $. SHe has also been

living rent free in 1 of his 2 homes

since she walked out. Does she have

a right to any of these other things?


Asked on 5/26/09, 5:49 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Estate /Family

As I am sure the lawyer handling the probate said, year's support comes before a will. The reason she didn't contest the will was because she could do better with year's support. Without seeing the paperwork I can't answer further, but typically in year's support a spouse gets much of the estate if not all of it. No one should have made distributions under a will until year's support was resolved.

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Answered on 5/26/09, 7:43 pm


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