Petitioning for year’s support after a spouse’s death

On Behalf of | Mar 29, 2022 | Firm News

If you have recently lost a spouse, you may still be reeling from the emotional shock of your loss. On top of this, you may worry about how you will be able to keep paying the bills and handle your spouse’s debts.

In most states, a person’s estate must pay off creditors before transferring assets to heirs beneficiaries. However, in Georgia, petitioning for “year’s support” may allow you to receive property and/or funds from your spouse’s estate before creditors can collect their debts.

How year’s support works

If you qualify, year’s support allows you to receive twelve months’ worth of living expenses for you and for each of your minor children. The amount the court sets aside may depend on what your standard of living was before your spouse’s death and whether you have income of your own.

Other benefits of petitioning for year’s support

Petitioning for year’s support may be a crucial step if your spouse had significant debt. Since the award of support takes priority over the payment of estate creditors, a year’s support petition may allow you to wipe out unsecured debts like medical bills and credit cards. By moving your home through a year’s support petition, you may also be able to receive one year of relief from paying property taxes.

It is important to get the details right when filing your petition. From following the specific process for petitioning the court to providing an accurate and precise description of the assets you wish to claim, a probate attorney may be helpful in getting you and your children the financial protection you need.