QUESTION

My mother passed away on 3/25/17 without a will. I am her daughter & I would like to object to a petition for a yrs support filed by my step dad

Asked on Sep 01st, 2017 on Estate Planning - Georgia
More details to this question:
My children, my husband & I lived with my mother & step dad for 4 yrs so I could take care of her. While we lived there, my mother gave me full control of her finances by adding me to her checking account & had me manage all the bills, money, & food for the 6 of us (step dad not included) for 3 of the years we lived with her. I found out today that my step dad has filed a petition for a years support to get the property deed to sell the property and I only have till the 5th to do something about it. My family was evicted from the home by my step dad after my mother passed and we are currently living with my father in his living room & spare room. Is there anything I can do to stop my step dad from getting the property. I have a family friend willing to help buy the property but since we were displaced by the eviction, I cant afford an attorney. My mother would not want my step dad to have or get anything especially since she wanted a divorce. Is there anything I can do?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Your stepfather has the legal right to the year's support, and you cannot prevent him from making a claim for it under Georgia law. All that any other heir can do with regard to a year's support petition is try to argue that the amount being requested is too much, given the surviving spouse's other resources. Unfortunately, if you don't hire a good estate litigation attorney who has experience in contesting year's support claims, you will likely have little to no chance to succeed in such a challenge. I'm sorry for your loss, but unfortunately the year's support right given to a surviving spouse is pretty strong in Georgia. If your mother really didn't want your stepfather to receive anything from her estate, she REALLY needed to do some estate planning (not just a Will, either).
Answered on Sep 05th, 2017 at 5:12 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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