"Years Support": What is it and How can it help when a loved one dies?

Not many people have heard of petitioning the Georgia probate courts for “Year’s Support” and aren’t aware of this procedure to administer an estate or probate a Will.

A year’s support award is a permanent award of property from a decedent’s estate to the decedent’s surviving spouse, surviving minor children, or both. It comes from a commonly accepted idea that it is a duty of a spouse to provide for their family.

Example:

Jane, benefitted from this process when her husband, Bob, died suddenly from a car accident. Jane learned in the months before Bob died, he opened several credit cards in his name and maxed them out for his new business. Jane was worried she would go broke paying off Bob’s credit card debt and she might have to sell the house on which they had just made their final mortgage payment.

Can Year’s Support Help with Debt?

Bob’s Will left everything to Jane. She worried about paying his debt. Jane met with an attorney to discuss her options. Jane was told about the Petition for Year’s Support and how she could use this to save the home and other assets of Bob’s from going to the creditors.

A Year’s Support can allow Jane to inherit all of Bob’s estate, regardless of what is written in the Will and what unsecured debts that Bob may have owed during life.

When a Year’s Support petition is granted by the probate court, that property claimed as a Year’s Support passes from the estate of the deceased to the surviving spouse and/or minor children free of debt. The property can include real estate, cash, stocks, bonds, personal belongings, automobiles, and any other thing that a person can own.

A Petition to Probate Bob’s Will along with the Petition for Year’s Support was filed asking for Bob’s interest in the house and Bob’s bank accounts. The Petition for Year’s Support would be served on all Bob’s creditors and the beneficiaries under the Will (in this case she was the only beneficiary).

Once the Letters of Testamentary were issued and the Order granting a Year’s Support was signed by the judge, Jane would get the House and Bob’s accounts and would not have to pay off the credit card debt in Bob’s name!

Give Meyerson Law Firm a call today and let us help you.  678-892-5910.