What happens to a spouse and children when the breadwinner dies without a will?

When a breadwinner dies without a will, surviving spouses and minor children may face financial hardship. In Georgia, they can file for Year’s Support, which provides financial protection and support to help cover living expenses and debts.

What is Year’s Support in Georgia?

Year’s Support is a probate process in Georgia designed to protect surviving spouses and minor children when the primary provider dies without a will. It ensures they receive financial support from the estate, even if a will excludes them.

Who is eligible to file for Year’s Support in Georgia?

In Georgia, only surviving spouses and minor children are eligible to file for Year’s Support. Adult children do not qualify under this law.

When is Year’s Support most commonly used?

Year’s Support is most commonly used when an estate cannot pay its debts, is very small, or when there is no will. It takes priority over most claims, including funeral costs and medical expenses.

Can Year’s Support help with property taxes?

Yes, Year’s Support can help set aside property taxes on the decedent’s primary residence. The Georgia statute allows property taxes to be waived for the year of death or the year the petition is filed.

Elder Law & Estate Planning Attorney Georgia When a Breadwinner Dies with No Will

What happens to the spouse and children who remain when a breadwinner dies with no will?

About half of all people who die in the United States die without a will – a legal directive of what will happen to their money, debts and properties after they’re gone.

To date, more than 800,00 people have died from COVID-19 in the United States. This means hundreds of thousands have died without wills. Many surviving spouses and minor children have been left without support and income. In many cases some children have lost both parents to COVID-19. This brings up an important Georgia law designed to help surviving spouses and minor children.

When a Breadwinner Dies with No Will: Petitions for a Year’s Support

Year’s Support is a probate process that protects a surviving spouse and minor children. It helps ensure they have financial support after the primary provider dies.

This law has deep historical roots. It dates back to a time when one spouse typically supported the household. Today, it remains an important protection in Georgia.

In many states, spouses and minor children automatically receive a share of the estate. This applies even if a will says otherwise. In Georgia, that is not always the case. A will can exclude them, which makes Year’s Support especially important.

How And When Year’s Support Is Most Commonly Used

In Georgia, only a surviving spouse and/or minor children can file for Year’s Support. Adult children are not eligible under this law.

Year’s Support is most often used when an estate cannot pay its debts. It has the highest priority over most claims. This includes funeral costs, final medical expenses, and creditor claims. It does not override secured debts like mortgages or car loans.

Year’s Support also helps when an estate is very small or when there is no will. When someone dies unexpectedly without a will, families can face serious financial hardship. This is why the law gives Year’s Support top priority. It provides critical protection during a difficult time.

In cases where the estate is very small and the breadwinner dies with no will, it’s typically more expedient and less expensive to handle a very small estate through a Year’s Support Petition.

This also allows the avoidance of creditor claims as mentioned above. The same holds true in cases where there is no Last Will and Testament.

Another reason Year’s support is used is to set aside real property taxes on the residence. The Georgia statute allows the property taxes on the decedent’s primary residence to be “set aside” either in the year of death, or alternatively in the year of the filing of the petition. This means the property taxes are waived for that year.

There are other uses and reasons for filing petitions for Year’s support. If your spouse has passed on and the examples I’ve briefly reviewed in this article apply to your circumstances, a petition for Year’s support may be an option. Give our office a call and let’s see if this is a beneficial path to pursue.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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Do You Have a Will? When Breadwinner Dies With No Will What Happens To Surviving Spouses And Children?

What happens to the spouse and children who remain when a breadwinner dies with no will?

When a Breadwinner Dies with No Will: Petitions for a Year’s Support

How And When Year’s Support Is Most Commonly Used

In cases where the estate is very small and the breadwinner dies with no will, it’s typically more expedient and less expensive to handle a very small estate through a Year’s Support Petition.