Experienced Lawyers Adept At Ensuring Year’s Support For Your Loved Ones
The death of a loved one can be exceedingly hard on surviving spouses and minor children. In addition to immense grief, surviving loved ones must face the reality of lost income and financial support for years to come. Thankfully, an allowance specific to Georgia law ensures that a mechanism exists to provide support for a decedent’s spouse or minor children. Called “year’s support,” this mechanism is designed to relieve the financial burden caused by the sudden passing of a loved one.
At Jones & Walden LLC, our attorneys handle year’s support cases with the highest level of sensitivity and efficiency. We understand the grief you’re feeling as well as the pressure you’re under to quickly recover support to cover your financial needs. We will help you navigate the legal process efficiently so you eventually move on from your grief.
Understanding Year’s Support In Georgia
In Georgia, a surviving spouse, minor children or both may seek an award of a “year’s support,” which, despite its name, is a permanent award. This is an allowance unique to Georgia to provide support for those individuals above other parties (including most creditors). Anyone seeking an award of year’s support must file a petition with the probate court. The amount of the award is requested in the petition, but the probate court ultimately decides the amount.
Importantly, the property awarded as year’s support is set apart from the remainder of the deceased’s estate and is given the highest priority, subject to secured debts or mortgages. The year’s support is crucial in situations where the deceased was insolvent or otherwise owed significant debt. The award may even apply in cases of bankruptcy.
By terms of a will, a person may require the surviving spouse to elect between:
- The right to seek an award of a year’s support
- The right to take property under the terms of the will
Let Our Experienced Attorneys Help You
Because of the short time frame in which year’s support claims must be filed in the state (just two years after the decedent’s death) and the specific process by which surviving family members must petition the court, the skilled estate planning lawyers at Jones & Walden LLC, walk our clients through the process of filing a claim to make sure everything is done correctly. Our personalized approach and considerable experience getting positive results will go a long way to confirming that you made the right choice to trust our team.
If you would like us to help you through the process of filing for year’s support in Georgia after the death of a loved one, we encourage you to contact our office in Atlanta to schedule a consultation. Call 678-701-9235 or contact us online to get started.