Legal Question in Wills and Trusts in Georgia

years support against estate

We received my father in laws estate and he has been dead 3 years now. the lady he lived with filed a years support against the estate. Now he was not legally married but she claims common law because they lived together before 97. What we want to know is even though this is still tied up can we do anything with this property before this is settled like sell it or borrow money on it. It was left to my husband in his dads will. Now it is tied up in probate because of this years support. So what can we do cause we are the ones paying taxes and insurance. Can we use any of the money in his estate for legal fees. Or can we borrow money on it for legal fees. This has really cost us alot of money. How long can this drag out in court.


Asked on 6/21/04, 3:24 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: years support against estate

Get a lawyer experienced in probate ASAP. Years support comes ahead of the will. You can't touch the estate until the case is resolved, and may not receive anything if the whole estate is awarded. This is not a do it yourself project and you should have gotten a lawyer three years ago.

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Answered on 6/21/04, 3:33 pm


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