A widow filed a petition for year’s support, and the daughter of the decedent filed an objection. The probate court granted the award and the superior court affirmed the award, but the Court of Appeals held that the widow was not entitled to year’s support. The year’s support must be reasonably related to the amount needed by a surviving spouse for a period of twelve months to maintain the standard of living enjoyed prior to the death. It is a transitional allowance. In considering the amount to be awarded, the court must consider the income available to the surviving spouse from other sources. In this case, the widow testified that she “splurged” by taking trips and remodeling her home after the death. It appeared that her standard of living improved and she had independent resources to afford those improvements. The court held that when the surviving spouse’s income exceeds the expenses shown for the year after the death, the petition for year’s support must be denied.

286 Ga. App. 561 (2007)