Deceased father's wife is asking for year's support from estate of my father? We are both executors of the Will. What does this mean?

[renee_rn]

What is the name of your state? Georgia
My father passed away in April 2018. His wife and I are were left executors of my father's estate. This is a wife of 4 years who has gained almost everything my dad has worked his entire life for. He left her a life estate to live in the house but left the house to me and her each owning 50%. There are stipulations she has to follow to stay in the house like upkeep on the house, the yards, etc.

I found out yesterday that she is asking for year's support from the estate. From what I have researched online this means if granted she becomes sole owner of the house. The house is paid off. My dad used his retirement to pay the house off before he died in April.

Can I fight this petition and possibly win or is this something that she will gain just by requesting?

She has done everything she can to make sure she ends up with everything my dad worked all his life for. Again, they were married for 4 years. She had all of his life insurance policy beneficiaries changed to her with an illegal power of attorney that she had my dad sign while he was hospitalized and diagnosed with terminal brain cancer. He was admitted for altered mental status and clearly confused when this legal document was signed. She also had him sign a Will at the time in which the notary signed and dated this document on a separate date than my dad's signature was dated. My dad after being discharged from the hospital was better after steroids and went to see his lawyer and had a Will made. She had already filed the Will she had him sign in the hospital and he did not remember signing anything. I have a copy of both Will's.

I really hate to see her end up with the house as that is the last thing I could possibly gain from my dad's estate.

 

[LdiJ]

What is the name of your state? Georgia
My father passed away in April 2018. His wife and I are were left executors of my father's estate. This is a wife of 4 years who has gained almost everything my dad has worked his entire life for. He left her a life estate to live in the house but left the house to me and her each owning 50%. There are stipulations she has to follow to stay in the house like upkeep on the house, the yards, etc.

I found out yesterday that she is asking for year's support from the estate. From what I have researched online this means if granted she becomes sole owner of the house. The house is paid off. My dad used his retirement to pay the house off before he died in April.

Can I fight this petition and possibly win or is this something that she will gain just by requesting?

She has done everything she can to make sure she ends up with everything my dad worked all his life for. Again, they were married for 4 years. She had all of his life insurance policy beneficiaries changed to her with an illegal power of attorney that she had my dad sign while he was hospitalized and diagnosed with terminal brain cancer. He was admitted for altered mental status and clearly confused when this legal document was signed. She also had him sign a Will at the time in which the notary signed and dated this document on a separate date than my dad's signature was dated. My dad after being discharged from the hospital was better after steroids and went to see his lawyer and had a Will made. She had already filed the Will she had him sign in the hospital and he did not remember signing anything. I have a copy of both Will's.

I really hate to see her end up with the house as that is the last thing I could possibly gain from my dad's estate.

How would her asking for a year's support end up with her owning the house outright? Is the house the only asset of the estate?

Yes, you can fight her request. In fact, if you can prove that she got his life insurance that makes your position even stronger.

 

[FlyingRon]

If there's a will to the contrary and I'm not seeing how she has any claim no matter how destitute she is. She might have some debts that might be legitimately debts of the estate but that's a different claim than deserving "support."

 

[HRZ]

Ga law is a bit odd and 1 years support is among options spouse of even 1 day can claim

 

[justalayman]

Actually under Georgia law it does appear she has a right to recieve a years support, even with a will that doesn’t include such.


Georgia code 53-3-1

 

[Mass_Shyster]

You need a lawyer to contest the will and the insurance distribution

 

[justalayman]

You need a lawyer to contest the will and the insurance distribution

Can you expand on that so it allows for a reasonable belief there is actually a valid reason to contest the will rather than actually submitting the newest will and present it for validation?

If the newer will is refused, then maybe there is a basis to contest the older will.

 

[Litigator22]

You need a lawyer to contest the will . . . .

Contest the will?

Even if appropriate and timely, which it isn't given the circumstances, what would be the grounds? Because the will bequeathing her a life estate in the family residence was not of the testator's free violation but the result of the spouse exerting undue influence?

Aside from the fact that such a gift to a surviving spouse might seem reasonably proper, how would the OP explain away the fact that if she was disposed to substitute her wishes for those of the testator, she could just as easily have induced him to devise fee simple ownership?

But in view of the circumstances it is all but academic (at least for the present) because now (pursuant to Section 53-3-5 of the Georgia Code) she has petitioned the court to have the home set aside to her in fee simple in order to fund her 12 months widow's allowance. And the only recourse for the OP is to contest the petition contending that she has asked for too much property from the estate.

Whether the defense would succeed or fail rests with a myriad of information none of which we are privy to. But if the OP thinks that he is capable of mounting such a defense pro se he is wishfully thinking.

 

[justalayman]

Contest the will?

Even if appropriate and timely, which it isn't given the circumstances, what would be the grounds? Because the will bequeathing her a life estate in the family residence was not of the testator's free violation but the result of the spouse exerting undue influence?


And unless I missed it, I saw nothing of the widow seeking to set aside the real property and be transferred to her in fee simple. She requested 1 Years of maintenance which is a different issue.

Aside from the fact that such a gift to a surviving spouse might seem reasonably proper, how would the OP explain away the fact that if she was disposed to substitute her wishes for those of the testator, she could just as easily have induced him to devise fee simple ownership?

But in view of the circumstances it is all but academic (at least for the present) because now (pursuant to Section 53-3-5 of the Georgia Code) she has petitioned the court to have the home set aside to her in fee simple in order to fund her 12 months widow's allowance. And the only recourse for the OP is to contest the petition contending that she has asked for too much property from the estate.

Whether the defense would succeed or fail rests with a myriad of information none of which we are privy to. But if the OP thinks that he is capable of mounting such a defense pro se he is wishfully thinking.

You missed my entire point.

Op said there is a NEWER will. Op needs to submit that will to the court to be reviewed. It would be much less expensive to have the newer will validated than contesting the older will.

If the newer will is rejected then they can worry about seeking to invalidate


Additionally unless I missed something, the widow did not seek ownership of the property. She has sought 1 years maintenance costs which is a different issue

 

[Litigator22]

You missed my entire point.

. . . . . . . unless I missed something, the widow did not seek ownership of the property. She has sought 1 years maintenance costs which is a different issue

I didn't miss anything, dude. Nor did the OP miss it as evident from this from his post:

"From what I have researched on line this means that if granted she becomes the sole owner."

Try reading the applicable Georgia Code * and you may discover what you have missed!
_______________________________________

[*] "The petition shall fully and accurately describe any real property the petitioner proposes to have set aside with a legal description sufficient under the laws of this state to pass title to the real property." OCGA 53-3-5 (b)

" When property is set apart as a year's support for the benefit of the surviving spouse alone, the spouse shall thereafter own the same in fee, without restriction as to use, encumbrance, . . . . . OCGA 53-3-9 (b)

 

[justalayman]

I didn't miss anything, dude. Nor did the OP miss it as evident from this from his post:

"From what I have researched on line this means that if granted she becomes the sole owner."

Try reading the applicable Georgia Code * and you may discover what you have missed!
_______________________________________

[*] "The petition shall fully and accurately describe any real property the petitioner proposes to have set aside with a legal description sufficient under the laws of this state to pass title to the real property." OCGA 53-3-5 (b)

" When property is set apart as a year's support for the benefit of the surviving spouse alone, the spouse shall thereafter own the same in fee, without restriction as to use, encumbrance, . . . . . OCGA 53-3-9 (b)

Oh. I guess I must have overlooked the part that says others have a right to object to anything the petitioner seeks and a court makes the final determination. That would be under 53-3-7



Then there various other sections that require the spouse to make an election of what the decedent may have left them or the years support

It’s not as simple as she writes it down she gets it. She may get what she seeks but she may lose other assets. I have no idea what value the estate has so it may be worth more to her to not seek title of the home