Legal Question in Wills and Trusts in Georgia

Ex-wife's can't get year's support. But the minor child can and oftimes the whole estate, or a large part, is awarded.

Am I missing something here? Who died? Nobody can recover a year's support unless someone is dead. See OCGA � 53-3-1(c) (providing that the surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death).

The surviving spouse and/or the children of a dead person can recover the year's support provided there are sufficient assets in the dead person's estate. An ex-spouse cannot inherit from a dead person and is not entitled to the year of support. See OCGA � 53-3-2 (a) (a surviving spouse's right to year's support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year's support. And the parent would have to establish what the year support should be. See OCGA � 53-3-5(b) (the petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate of each surviving minor child and a schedule of the property, including household furniture, which the petitioner proposes to have set aside. The petition shall fully and accurately describe any real property the petitioner proposes to have set aside with a legal description sufficient under the laws of this state to pass title to the real property) and OCGA � 53-3-7 (the petitioner for year's support shall have the burden of proof in showing the amount necessary for year's support).

Social Security is irrelevant here as is child support. A year's support is not dependent on either of these nor are the Social Security benefits dependent on whatever was paid in child support. Child support is determined by the state child support laws. Minor children whose parents have died get Social Security benefits based on whatever formulas Social Security uses to calculate these based on the earnings of the parent during his/her lifetime. The years's support is something awarded to the surviving spouse or children, subject to any of the events that would prohibit it under OCGA � 53-3-2 (either re-marriage or divorce of the surviving spouse or the child turning 18).

And why are you so perturbed by the fact that the child (your granddaughter) gets to inherit and get a yearly support? The child is going to inherit anyway unless your son made a will (assuming he has died) and disinherited the child. When a child is under age, the money is just not turned over to the child's surviving parent to spend how they wish. The parent either has to become a guardian (and get bonded and file reports) or else the money has to be deposited at a bank and cannot be spent absent a court order. The only difference between yearly support and inheritance is that yearly support comes before creditor claims against the estate. Its better that the child get the benefit of any estate assets rather than any creditors and if there are no creditors then the child would end up with the money anyway under the inheritance laws so I don't get your feelings here unless you are just resentful of the ex-spouse for whatever reason. While those feelings may be understandable, I can't see why any misconduct of the ex-wife should work now to the detriment of the child just because you don't agree.

Year's Support is a Georgia law that allows minor children and widows (Dependents) of a deceased to receive a portion of the deceased estate, regardless of whether a will existed or not. It must be applied for within two years by the dependent, and as Glen aptly said, it have evolved over the years to be more than a "years support" but often includes the entire estate. This is only for a minor child(ren) or a widow.