Petitioner has burden of proof in showing the amount necessary for year’s support

In In re Dallas, 369 Ga. App. 553 (2023), the Probate Court denied a Petition for Year’s Support. In Georgia, there is no spousal right to a portion of a decededant’s estate. Instead, the surviving spouse and any dependent children may file a Petition for Year’s Support. The purpose of year’s support is to provide for their support and maintenance for the period of 12 months from the date of the decedent’s death. O.C.G.A. § 53-3-1(c).

If no objection is filed, the Court typically sets aside all of the property requested as year’s support. However, if an objection is filed, then the Court must determine the amount and set aside an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the decedent. taaking into consideration other support available to the individual. The amount necessary is the amount to maintain the standard of living enjoyed prior to the death.

In this case, the surviving spouse sought fee simple ownership of the residence which was in the decedent’s name. His children from a prior marriage objected, citing the spouse’s receipt of a $100,000 life insurance policy. An expert’s review of her income also showed that her income exceeded her expenses. Although the spouse testified she could no longer maintain the same standard of living she had prior to her husband’s death, “at no point did Dorothy provide an estimate of the monetary amount needed to sustain her lifestyle and continue to do these things.”

The spouse argued that if her petition was denied, she would be required to sell the home. However, “an award of year’s support “is not intended to compensate the surviving spouse for the death, support the spouse for many years to come, or provide a method for distributing the estate. … Nor do the contributions made by the surviving spouse during the marriage entitle her to claim year’s support based on an equitable interest in the marital residence.”

In sum, a person seeking year’s support cannot rely on sympathy. This must be dealt with like alimony in a divorce case by proving need and an ability to pay.