Legal Question in Wills and Trusts in Georgia
'' in lieu of years support''
father passes away from cancer- stepmother gets the sum of two hundred thousand dollars (item three letter E. on the will )if she survives 30 days. underletter c. ( obove on the written will )says '' the provisions in this will for my wife are in lieu of years support''
then the will gives all rest of remaining properties (exception of home where they both resided) property to siblings over 18years of age.
heres the problem : a personal note looks to be signed by the deceased in 2001. with bebt securred by the inheirited properties. 180thousand balloon note with interest. and no one in the family knows anything about. brought forth after death. after research found no deed leins attached, no payments ever made or collected. cannot prove it ever was possibly paid thru another transaction or property sold while they were both living together. we know they sold and loaned each other monies befor e and after they married..
my Question is : does years support include by (marriage law) any personal loans for maintenance or allimony.
or does the 200 thousand devise gift or 1/2 of home from the will reason enough to cover any personal debts between the stepmom and the deceased. 200k from the will would be enough to cover the debt.
1 Answer from Attorneys
Re: '' in lieu of years support''
It would be necessary to review the will and the loan documents you mention to determine what happens (and ask many other questions). A summary of those documents isn't sufficient to determine what should be done. If you're the executor we'd be glad to set up a consultation. If someone else is executor and you need advice as to your status, we also could do that. A lawyter can only reperesent one party so we could not talk to both of you.