Legal Question in Wills and Trusts in Georgia

Re: Year of Support

No. But my recollection is that the will can state that if the spouse pursues year support, other items in the will may be forfeited. BTW: Georgia is the only state that has the exact probate animal known as "a year's support." Other states do not use this phrase.

As to the location of probate, generally -- No. A will is probated in the residence in which the Testator died. If land owned by the testator is located elsewhere, the local probate court will recognize that. If a property fight occurs in the other jurisdiction, say, DC or Virginia, the Georgia Court may apply the law of DC or Virginia to the property issue, because the law of the situs governs real property. However, each question is very fact intenstive and, additionally, may be changed by specific terms in a will, a contract, a mortgage or deed to secure debt. HCW