In Booker v. Booker, the Georgia Court of Appeals denied the appeal of an heir who failed to object to a petition for year’s support in the probate court. The petition was granted by the probate court without objection.At the time of decedent’s death, a divorce action was pending in which the surviving spouse had executed a settlement agreement wherein she released any interest in decedent’s estate. Decedent passed away before a final judgment was entered in the divorce action and consequently, the divorce action was dismissed.Under normal circumstances the probate court would consider the waiver in the divorce settlement agreement in assessing the surviving spouse’s need for year’s support 2. In this case, however, appellant, the decedent’s mother, failed to timely object to the application for year’s support. Decedent’s mother therefore lacked standing to appeal the award of year’s support and, accordingly to raise the issue of the settlement agreement on appeal to the Superior Court.
