I recently had an Estate Plan prepared by the Meyring Law Firm and they were effective and on time. I give the Meyring Law Firm 5 stars, and I give them my sincere recommendation.

Weeping Widow

My client cried when I told her she wouldn't have to lose her home. Her husband died a few months before and his family was pressuring the widow to move out and let them sell the home. But the Georgia probate code gives surviving spouses, and even minor children, a statutory right to claim the home and a portion of the decedent's estate regardless of what the decedent's will may say. That rightful claim is called "Year's Support" based on the idea that the State wants to protect a widow, widower, or children of the deceased and provide enough financial support from the estate to allow for at least 1 year of support. (The estate is defined as all the property, land, accounts, money and tangible possession that were owned by the now deceased.)

Many people do not know that the widow's right to stay in the home and gain ownership of the property exists. Often the unexpected death of a spouse may leave the family in financial peril with creditors of the deceased threatening to file suit to collect monies that become debts of the estate.

The special thing about a Year's Support claim is that the right is written into the law and that claim is superior to a creditor's right or will beneficiary's right to receive the property claimed. A superior claim is the claim that will receive the property to the exclusion of other lesser claims. That means that if both the widow and the credit card company want to place a claim on the home, the widow will win and the company will not be able to put a lien on the home. It is important to note that the widow's Year's Support must be correctly filed and it can be complex. The support claim must be "elected" or made by the surviving spouse or children; the State will not inform the widow of the right. The right to claim support is eventually lost if it's not claimed in time because the State will not grant the claim if the claim is not requested.

The surviving spouse and children of the deceased do have some help if a parent passes away leaving the family in financial peril. The window of opportunity for the support is limited, so the surviving dependent family must act fast. The role of the trusts, estates and probate attorney is to guide and protect the family through the legal process.

This is a decision that should be made carefully and we can help.

Categories: estate plan