QUESTION

Yes my step father past 2 years ago my mother has been married for 35 years he had no will but left his son 2 life insherance polices

Asked on Jan 27th, 2018 on Trusts and Estates - Georgia
More details to this question:
My mother is asking for a year Support and my step brother is fighting her for it and he makes 3 times more money then she does
Report Abuse

1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
You aren't asking a question, so I'm not sure what to tell you. Your mother, assuming your stepfather and she were both Georgia residents at the time of his death, had the right to file for year's support. Your stepbrother, assuming he was your stepfather's legal son, has the right to try to challenge the amount that your mother is seeking to have awarded to her. All your mother can do is try to prove that she really needs everything she's requesting. It does not matter what resources your stepbrother has, what matters in a challenged year's support claim are bascially only these issues: (1) was the person seeking to get year's support the deceased person's surviving spouse (or a surviving minor child)? (2) Was the decedent a resident of the state of Georgia at the time of death? (3) Were there assets that became part of the decedent's probate estate (note: this would NOT include life insurance proceeds, IRAs, or other assets that were paid directly to a beneficiary under a beneficiary designation, and it would NOT include assets that the decedent owned with another person as joint tenants, if the other owner survived)? (4) Did the person file the year's support petition on time (within no more than 2 years from the date of the decedent's death)? (5) Had the person seeking the year's support remarried (or turned 18, if a minor child) before filing the Petition? (6) How many other resources are available to the person seeking the year's support, and is the amount being requested really needed to allow the person to be supported for a year given her other available resources? Your mother needs to hire an experienced probate litigator if her year's support petition was filed on time and is being challenged. (Please note: I am NOT a litigator). Best wishes to you and to her.
Answered on Jan 29th, 2018 at 4:18 AM

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

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters