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?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Georgia
Answer:
In Georgia, the law provides that a surviving spouse and minor children are entitled to a year's support from the deceased's estate, even if there is no will. This support can be in the form of property and is meant for their maintenance for twelve months following the decedent's death. If the estate administration takes longer than a year, the support may be extended.
Specifically, O.C.G.A. § 53-3-1 states that a surviving spouse and minor children have a right to this year's support. However, this right can be barred if the surviving spouse remarries or passes away before filing for support, or if the minor child turns eighteen before the petition is filed (O.C.G.A. § 53-3-2).
In summary, your sister can seek support for her child from her husband's estate, despite the absence of a will.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.