O.C.G.A. § 53-3-5 allows a surviving spouse or minor child to file a claim for Year’s Support. Although there are rarely objections, if someone contests the Petition, then the Petitioner must prove entitlement. Georgia appellate courts state the “intent [of year’s support] is to protect the family survivors from a reduction in their standard of living while the estate is being settled, at least for one year. It is a transitional allowance.” Anderson v. Westmoreland, 286 Ga. App. 561 (2007). “Moreover, when an objection is filed against a petition for year’s support, it simply calls into question the matter of whether the amount requested is in excess of that to which the surviving spouse and children are entitled under the law; or whether the applicants are in fact the surviving spouse and children of the deceased, for if they are not, no legal year’s support could be set apart for them.” In re Mahmoodzadeh, 314 Ga. App. 383 (2012).
The documents below are exemplar discovery requests that could be filed when a Petition for Year’s Support is contested. By providing these documents, EzElderLaw is NOT representing that these documents are correct, appropriate, relevant or anything else. Any and all warranties are expressly disclaimed. You should always consult a lawyer when seeking specific legal advice.
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