Legal Question in Wills and Trusts in Georgia
Spouial support
My father passed and left a will, he married 6 months prior and took care of her in the will. She has now filed for spousial support, wanting his house. I would like to know how long if at all you have to be married to try this. Also would not this support be in the form of moneys for a limited amount of time? She has her own home and retirement thru a life estate with her husband before.
2 Answers from Attorneys
Re: Spouial support
It is not clear from your message whether you are referencing a Georgia or Florida estate. In the event your father's estate is in Georgia, your stepmother has most likely filed an application for years' support. In Georgia, she will be entitled to an award if she was married to your father at the time of his death. The amount of the award, however, is subject to the court's discretion. Generally, if no timely objection is filed, a surviving spouse will be awarded whatever he/she asks (frequently, the entire estate).
If this is a Georgia estate, I would be happy to discuss the matter with you further.
Re: Spouial support
Your recently acquired step-mother has apparently applied for "family allowance". She qualified for it the day they married. If you are a beneficiary,it would be a good idea to file an objection to it or minimize it. I will be glad to discuss it with you. JCohen
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