Legal Question in Wills and Trusts in Georgia
Year's Support
Background - My mother is terminally ill and has excessive medical bills. It is my understanding that if all property, etc is in her name, my stepfather my claim a year's support which would help aleviate someof these bills. Is this correct? What is this provision? What are the provisions associated with the surviving spouse claiming a year's support? What are the surviving spouse's rights under this provision.
1 Answer from Attorneys
Re: Year's Support
Yes, a surviving spouse (and minor children) may ask for and receive year's support under OCGA section 53-3-1 et seq. �
� 53-3-1. (Revised Probate Code of 1998) Preference and entitlement
(a) As used in this chapter, the terms "child" or "children" mean any minor child who would be entitled to inherit if the child's parent died intestate.
(b) Among the necessary expenses of administration and to be preferred before all other debts, except as specifically provided otherwise in this chapter, is the provision of year's support for the family.
(c) 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.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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