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Why should I file for a years support if there is enough in the estate that has been willed soley to me?

Newnan, GA |

My mother and father had wills drawn up and recorded in 1984, in the state of Georgia. Each of their wills left everything to the surviving spouse. If both spouses died everything was to be split 3 ways between the siblings. Since this time 1 sister has passed away. My father just passes away in Aug. 2012. My mom is the executor and sole heir. Why does she need to file for widows support and why does she need my brother's signature? My mother is working on a new will now!

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Attorney answers 2

Posted

There are many reasons someone might seek year's support. Those reasons are fact dependent and should be discussed with a lawyer. One might be to avoid probate of the will altogether (which may or may not happen in your case). A biggie is the one year waiver of property taxes on the home. Another is that since year's support comes before most debts, which is the opposite of will probate, that may have an advantage for her. These are things a lawyer needs to review and then it can be decided whether years support will be useful.

Posted

The "Year's Support" is a needed step if assets are tied up in probate, and there is a dispute about them that keeps a dependant from being able to survive and pay the bills. If you have sufficient independent income, it isn't so pressing. As my colleague noted, there may be tax considerations.

Good luck to you, though. This is a burden, but you CAN bear it.

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