Filing an objection to a petition for year’s support can put the brakes on one of the most powerful petitions under Georgia probate law.
But what is an objection to a petition for year’s support and why would you file one?
We’re going to answer those questions in this article.
My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group.
At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.
A properly filed petition for year’s support can wind up taking the entire estate if no one files an objection to it.
Filing An Objection To A Petition For Year’s Support:
However, if an objection is filed with the Probate Court, it can drastically reduce the amount of year’s support that is awarded.
The reason for this is that once an objection is filed, it begins a legal process that will end at a hearing on the year’s support petition.
Before the hearing, each side will have time to gather evidence to present to the court to prove their case.
At the hearing, the person requesting year’s support will be given an opportunity to present evidence to show why the amount he or she is requesting is appropriate.
Likewise, the person objecting will be given an opportunity to show why the amount requested as year’s support is not appropriate, is excessive, and is more than the petitioner is entitled to under the law.
When considering whether you want to file a formal objection to a petition for year’s support, it is important to make sure you object within the timeframe set by the court, which is usually 30 days.
If you miss that deadline, your objection may be ignored or dismissed by the court.
Given the complexity of this type of litigation, I don’t recommend you handle this type of situation on your own.
Everything discussed in this article is for general information and is not legal advice.
If you are in a situation where you have concerns about the Georgia Probate process, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.
If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.