Question: Can I file for a year’s support after the petition for administrator has been filed? My husband died in July. His adult child filed a petition with the county administrator to be executor. No hearing is scheduled yet, but I need to file for a year’s support. Will that be a problem or conflict? The children are trying to take my home of 21 years. The house deed is in my husband’s name only.
Loraine’s Answer: Yes, you can file for a year’s support even though your husband’s child has filed a petition to become the estate administrator. You will need to file the petition for year’s support with the probate court of the county where your late husband had his principal residence. As part of your petition, you will need to notify the probate court that another party has already filed a petition to be appointed as the administrator of the estate. You may also want to contest that petition, if you haven’t already done so, and if you don’t agree that the petitioning child should become the administrator.
But you should not wait: a year’s support claim must be filed within 24 months after the date of death. Get an experienced probate attorney to help you, preferably one with litigation experience, in case your husband’s children try to challenge the amount you request in your petition.
Key Estate Planning Takeaway: It is possible for a surviving spouse to file for a year’s support after a petition for letters of administration has already been filed for an estate, but it’s important to act quickly.
This “Q&A with Loraine” blog series is inspired by answers from Morgan + DiSalvo Partner Loraine DiSalvo to actual user questions posted by individuals on www.avvo.com. This blog is a more in-depth response than can be given on their site under their character limits for answers. To view the original question and Loraine’s original response, click here.
