What You Need To Know About Petition for Year’s Support

What do you know about Petition for Year’s Support?

A Petition for Year’s Support is a legal document filed in Georgia. It is typically used when a deceased person’s surviving spouse or minor child needs immediate help. It gives them access to a portion of the estate to cover basic living expenses.

Very often when one spouse dies, the surviving spouse may face financial difficulties for a variety of reasons. This is often the case when there are minor children in the family.

This petition is especially important if a will doesn’t adequately provide for those remaining. It is also critical if the estate is heavily indebted. Or if there is a need to secure essential property for continued well-being. It also takes precedence in providing for the surviving spouse and minor children even before other creditors are paid in full.

Despite its misleading name, when awarded, this is a permanent award of property from a decedent’s estate to the decedent’s surviving spouse, surviving minor children, or both.

Filing Requirements and When To Use The Strategy

To be eligible there are requirements that must be met. The surviving spouse must file the petition within two years of the death of the loved one. This time limit is non-negotiable. However, if the surviving spouse remarries within that two-year period, they cannot apply.

Supporting documents must also be provided. This includes a copy of any notice from the Georgia Department of Revenue or other department document on which your petition is based. And the filing fee must be paid.

In addition, you must supply a list of heirs, their ages, addresses, and relationship to the deceased. You also must provide a list of the deceased’s property, and whether the deceased had a will.

The Benefits of Petition For Year’s Support

As mentioned above, the repercussions of the death of a spouse can be devastating to loved ones left behind. The benefits of filing – and getting – this petition approved can be lifesaving.

Some of the key situations where a petition for year’s support might be beneficial:

• Inadequate provision in the will:
  If the will leaves the surviving spouse or minor children with significantly less than they need to maintain their standard of living, a petition for year’s support can allow them to claim additional assets from the estate.
• High estate debts:
  When the estate is heavily burdened with debt, a year’s support petition can ensure that the surviving spouse and children receive some essential assets before creditors are paid, potentially preventing them from being left with nothing.
• Second marriage situation:
  If a deceased spouse was in a second marriage and the will primarily benefits children from a previous marriage, the surviving spouse might use a year’s support petition to secure their share of the estate.
• Need for immediate housing:
  If the deceased owned the family home and the surviving spouse needs to remain in it, a year’s support petition can allow them to stay in the house.

Hire An Experienced Attorney to Help You

Applying has very specific requirements as noted above. An experienced lawyer can help you understand the process, ensure you meet all the eligibility requirements, and represent your interests in court as needed. If you are within the correct timeline and think you are eligible to apply for Petition for Year’s Support, call my office today at (470) 235-7868.

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!