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78.040 Year's Support; Vesting of Title to Property Set Apart; Minor Children by Different Spouses
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Description
78.040 Year's Support; Vesting of Title to Property Set Apart; Minor Children by Different Spouses Title to the property set apart shall vest in the surviving spouse and child or children or, if there is no surviving spouse, in the children, share and share alike, and the property shall not be administered as the estate of the deceased spouse or parent. When property is set apart as a year's support for the benefit of the surviving spouse alone, the spouse shall thereafter own the same in fee, without restriction as to use, encumbrance, or disposition. However, if the decedent leaves minor children by different spouses, the jury shall specify the portion going to the children of the former spouse or spouses, which shall be vested in those children. Moreover, if the decedent leaves minor children and the surviving spouse is the parent of the minor children, the jury may in its discretion specify separate portions for the minor children and the surviving spouse, if the jury deems the award of separate portions to be in the best interests of the parties, and the portions shall vest separately in the surviving spouse and the children. O.C.G.A. §§53-3-9, 53-3-8; "jury" is substituted for "court"
