Year's Support


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Booker v. Booker - Right to appeal probate court decision

Posted: March 23rd, 2009 by Gaslowitz Frankel LLC

After a man died intestate (without a will), his widow petitioned the probate court for year’s support.  The probate court granted her petition.  The decedent’s mother appealed to the superior court, but the court dismissed her appeal, finding that she had no standing (right to pursue the claim in court).  The Court of Appeals affirmed that decision.  Only a party to an action—a plaintiff or defendant—may appeal a decision in the probate court.  Since the mother was not a party to the year’s support petition, she had no right to appeal the award. 

286 Ga. App. 6 (2007)

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