Can the elective share of the deceased spouse be used to support the surviving spouse and child in the absence of a will in Georgia?
Full Question:
My sister’s husband died in an accident. He made no will. They have one child. Who will support the child now? My sister is a stay at home mom. Can my sister use her husband’s property to support the child even though there’s no will allowing her to use his property?
04/06/2017 |
Category: Wills and Es... » Elective Sha... |
State: Georgia |
#35240
Answer:
There is no law that supports what you have proposed. The state of Georgia does not have provisions for elective share of surviving spouse. However, the spouse is entitled to 12 months’ support and maintenance from the date the estate administration commences. This time may be extended if the estate administration takes more than 1 year. If the Will makes provisions in lieu of this, then the spouse can make an election to obtain the support allowance. Given below is the law:
O.C.G.A. § 53-3-1:
Preference and entitlement
(a) As used in this chapter, the terms "child" or "children" mean any minor child who would be entitled to inherit if the child's parent died intestate.
(b) Among the necessary expenses of administration and to be preferred before all other debts, except as specifically provided otherwise in this chapter, is the provision of year's support for the family.
(c) The surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death.
O.C.G.A. § 53-3-2:
Events barring right to support
(a) A surviving spouse's right to year's support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year's support.
(b) A minor child's right to year's support shall be barred by the marriage or death of the minor or by the minor's attaining the age of 18 years prior to the filing of the petition for year's support.
