Petition For Year’s Support May Serve You If Your Spouse Passed During The Pandemic

In the past few years, it’s safe to say that many people who passed away suddenly during the pandemic likely did so without having a will or estate plan in place.

Many of those people had spouses and minor children. Many did not have great wealth either. In some instances, they may have been completely insolvent. For this reason, I am educating readers about the proceeding known as Petition for Year’s Support.

A Two-Year Filing Deadline

In Georgia, a petitioner has two years from a loved one’s death to file a Petition for Year’s Support. This law protects a surviving spouse and minor children during estate administration.

It reflects a long-standing duty to provide for a spouse and meet immediate needs after death. A surviving spouse can ask the court to set aside funds or assets for support. The court may award an amount sufficient to cover 12 months of living expenses.

Common Instances For Filing Petition For Year’s Support

Below are the most common circumstances in which a petition for Year’s Support could be considered.

A common use of Year’s Support in Georgia occurs when an estate is insolvent. This claim has the highest priority under state law. It takes precedence over funeral costs, final medical bills, and most creditor claims. However, it does not override secured debts like mortgages or car loans.

Year’s Support also works well for small estates. It often provides a faster and less expensive option than full probate. This process can help limit exposure to creditor claims. It works best when the surviving spouse is the only heir. It can also work when other heirs agree to the arrangement.

If the decedent did not have a Last Will and Testament, is another common instance when one would file a Petition for Year’s Support.

As with a very small estate, it is often more efficient and slightly less costly. The larger the estate, however, the less likely that a Petition for Year’s Support will be the procedure of choice.

Another beneficial purpose for filing a Petition for Year’s Support is to waive property taxes. The Georgia statute allows the property taxes on the decedent’s primary residence to be “set aside” either in the year of death, or alternatively in the year of the filing of the petition

Lastly, this proceeding is often used where in a second or later marriage the surviving spouse was either omitted from the decedent’s Will or was left only a token amount.  In these instances, the spouse can petition the court and often be awarded some amount from the decedent’s estate.

The Death Of A Loved One Is Devastating Enough Without Being Left Destitute Too

The pandemic left so many people stunned as spouses suddenly passed away. Far too often minor children tragically lost both parents. If the unexpected death of a loved one isn’t tragic enough, it’s even worse for the survivors to be left destitute. If you are in a position where your loved one was taken from you and you still have time to consider filing a Petition for Year’s Support, give our office a call at 404-370-0696.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!