Year’s Support is the right to inherit property. The right to year’s support accrues upon the death of a spouse or the parent of a minor child.
In order to receive this entitlement, you must first petition the court. If the petition is granted by the court, the order, which is signed by the probate judge, declares that property passes from the estate of the deceased to a surviving spouse and/or minor child.
The Petition for Year’s Support must be filed within two years of the decedent’s death. In addition, if the surviving spouse remarries or dies prior to filing the petition for year’s support, the right vanishes. The right also vanishes for a minor child if the child reaches the age of majority or dies prior to filing the Petition for Year’s Support.
The Petition for Year’s Support can include real property as well as personal property. It can also include a request to waive property taxes for one year for any real property transferred under the petition.
The amount of year’s support is the amount required to support and maintain the surviving spouse and minor children for a 12-month period. The Court reviews the petition and determines the amount needed for the 12-month period. The amount will differ for different individuals based on their needs.
Another important fact is that the award of year’s support is awarded ahead of creditors of the estate.
There are other advantages to filing a petition for year’s support. Call our firm today at 678-781-9230 and let us answer your questions regarding year’s support.
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