Losing a loved one is a difficult time, but Georgia law offers financial support to help surviving spouses and minor children through Year’s Support. A Year’s Support award grants property or assets from a decedent’s estate to provide for the immediate needs of surviving family members. At Stephen H. Hagler, LLC, located in Martinez, GA, we help families navigate the probate process to secure the support they need after a loved one’s passing.
What Is Year’s Support?
A Year’s Support award is a permanent transfer of assets from a decedent’s estate to their surviving spouse and/or minor children. The term “year” does not refer to the duration of the support but rather to the amount needed to provide financial security for one year. If no objections are filed, the court may grant an award that exceeds the one-year value requested in the petition.
This provision applies regardless of whether the decedent had a will and is intended to protect the immediate needs of the surviving family members.
Eligibility for Year’s Support
Year’s Support is available to both surviving spouses and minor children, provided certain conditions are met. The decedent’s surviving spouse may petition for Year’s Support unless they have remarried after the decedent’s death. The petition must be filed within 24 months of the date of death.
To qualify, a minor child must meet the following criteria:
- Under age 18
- Not married
- The biological or legally adopted child of the decedent (stepchildren are not eligible)
A minor child’s parent, legal guardian, or guardian ad litem may file the petition on behalf of the child.
Filing the Petition for Year’s Support
To apply for Year’s Support, the petition must be filed in the Probate Court of the county where the decedent lived. After filing, the court will:
- Publish a notice of the petition in the local newspaper.
- Notify interested parties, such as other heirs or beneficiaries named in the estate.
- If any interested parties are minors or incapacitated adults, the court will appoint a guardian ad litem to represent their interests.
What Happens If There Are Objections?
If no one files objections, the Probate Court will grant the requested property as Year’s Support. However, if objections are raised, the court will hold a hearing to determine how much, if any, property should be awarded. The court may choose to make separate awards for both the surviving spouse and minor children, depending on the circumstances.
How We Can Help You
Navigating the probate process and securing Georgia’s Year’s Support award can be overwhelming, especially during a time of grief. At Stephen H. Hagler, LLC, we have over 30 years of experience assisting families with estate planning, probate administration, and Year’s Support petitions. Our team is committed to guiding you through each step, ensuring that your rights and those of your loved ones are protected.
We provide personalized legal services, including:
- Filing petitions for Year’s Support
- Representing clients in probate hearings
- Assisting with estate administration
- Creating wills and establishing guardianships
Contact Stephen H. Hagler, LLC, for Legal Assistance
If you believe you or your child may qualify for Year’s Support, contact Stephen H. Hagler, LLC, today. Our experienced team in Martinez, GA, is ready to help you secure the assets and support your family needs during this difficult time. Let us guide you through the legal process with compassion and expertise.
Posted on behalf of Stephen H. Hagler, LLC