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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
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I am in the state of Ga. I have a property deed with a right

Customer Question

I am in the state of Ga. I have a property deed with a right of suvivorship clause. I did not have lawyer representation when I went to probate court. I was told by the judge that I was granted a years support for my real estate taxes for the year my husband died and would not be required to pay taxes on any and all property that was held in both of our names. The request was run in the paper for 4 weeks and when time came to pay my taxes, the assessor called and told me I did have to pay the taxes and the probate judge was wrong in telling me otherwise. I also paid my probate fees for court. Each of my children signed to release all rights to any and all property. There was no will. I used my tax money to pay off debts to make my monthly outgo a better situation after being told by the judge that I did not have to pay my taxes. I have been told that other spouses were granted the years support, some in error as the paperwork was submitted with full typed legal descriptions rather that just attaching the deeds as mine case was. It is also my understanding that a probate judge has the right to rule outside of the law and that was my case. Therefore, the tax assessor would move on the decision of the court. Do I have a case? I was told by every spouse with deceased mate that i spoke to that they received the years relief and so far my case is the only one required to pay the taxes. Do I have a case for getting the relief if granted by probate court?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 11 months ago.

There is a proceeding to be awarded a year's support by either the surviving spouse or minor children. This would include a lien on certain ad valorem taxes. You would apply or petition the court for it. It appears that you have already done so. If the Judge stated that you have been approved for it, there should be an order of the court. If there is no order of the court that you have, you can check the court file or with the clerk to see if there is one, or have the Judge issue one if by chance the Judge failed to follow up with it. If there is no order or noted proceeding, you can ask the clerk to give you the paper work to commence one.

Expert:  Damien Bosco replied 11 months ago.

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