Legal Question in Wills and Trusts in Georgia

I live in Ga, MY father died with a will leaving everything to his wife, my step mother. The lawyer sent me a copy of the will and a paper to sign aknowleging that I read the will. I signed and returned that. Now the lawyer has sent more papers to sign stating the my step mom is filing a "Years Support" petition with the propoate court. The papers indicate that the will is not going to be probated. what does this mean? Will I be under any obligation for any debt the estate has? Is it risky to sign these papers?


Asked on 2/25/11, 8:08 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Years Support is a procedure that allows a surviving spouse to make a claim against an estate, and in some cases that is more advantagous to her than inheriting by will, since Years Support comes ahead of some debts (unlike a will) and also allows a one year waiver of real estate property taxes.

Since no one has seen the will or the papers you have, you should not sign the will paperwork or the years support paperwork until you at least consult with legal counsel. Both may be fine and routine, and I can't think of a stituation where you would owe debts without inheriting something, but again no one here has read any of the documents you reference.

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Answered on 2/25/11, 9:34 pm


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