Protecting a Surviving Spouse from Nearly $2 Million in Medical Bills
Estate Administration
Case Study
The Challenge
Our client’s husband passed away after incurring almost $2,000,000 in medical bills, and other outstanding debts. She was grieving, overwhelmed, and understandably afraid she might lose the financial security her husband had left behind. Her stress was enormous.
Our Solution
Surviving spouses are often told, or assume, they must pay every bill their spouse left behind. That is not always true.
Before paying creditors, selling assets, or making decisions about an estate, it is important to speak with an experienced estate administration attorney who understands the protections available under Georgia law.
The issue in question was whether Georgia law provided a way to protect our client and preserve estate assets for her support. The answer is yes.
Our Process
We filed a Petition for Year’s Support in the Georgia Probate Court.
This is a powerful estate administration tool available under Georgia law. When appropriate, it allows a surviving spouse to request estate assets be set aside for their support before certain creditor claims are paid. Robert M. Goldberg & Associates:
- Pepared and filed the petition
- Presented the matter to the Probate Court
- Advocated for the surviving spouse’s right to receive her husband’s assets for her support.
The Outcome
During a very difficult time, our client gained peace of mind knowing she has the assets she and her husband always planned on.
- The Probate Court set aside all of the husband’s assets for the surviving spouse.
- Our client did not have to use those assets to pay her husband’s nearly $2,000,000 in medical bills.
- The court’s order allowed her to preserve the estate assets for her own support and financial stability.
Estate administration is not just about paying bills and distributing assets. In the right circumstances, Georgia law may provide important protections for a surviving spouse.
A properly filed Year’s Support petition can be one of the most important tools available after the death of a spouse, especially when the estate faces major creditor claims.
How We Can Help You
Planning early can help families avoid court, reduce delay, and preserve privacy. Every family has different needs. Let us show you how you can protect your assets, your future, and your legacy.
These results do not guarantee a similar outcome. This case study is for educational purposes only and is based on a legal matter handled under specific facts and applicable Georgia law. Every estate is different, and you should consult an attorney about your individual circumstances.
