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2018 Georgia Code 53-3-19 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-3-19 Case Law from Google Scholar Amendments to OCGA 53-3-19

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 3. Year's Support, 53-3-1 through 53-3-20.

ARTICLE 5 ESCHEAT

53-3-19. Conveyance or encumbrance by surviving spouse of property set aside; effect.

  1. When property is set apart as year's support for the joint benefit of the surviving spouse and the minor child or children, a conveyance or encumbrance of the same or any or all parts of such property by the surviving spouse shall convey or encumber the title and interest of the spouse and shall be binding and conclusive upon the spouse.
  2. The conveyance or encumbrance of any or all the property set apart as year's support for the joint benefit of the surviving spouse and the minor child or children shall convey or encumber and be binding and conclusive upon the child or children and person claiming through or under them only when approved by the probate court of the county in which the year's support award was made. No such approval shall be necessary to bind a child who is sui juris and who joins with the surviving spouse in making the conveyance or encumbrance.
  3. The purchaser or lender shall not be responsible for the proper use or application of the proceeds derived from a sale or encumbrance contemplated under this Code section.

(Code 1981, §53-3-19, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward former OCGA Sec. 53-5-20.

JUDICIAL DECISIONS

Interest in year's support property.

- Trial court did not err in refusing to set aside as void any sale of year's support property by a mother because the question of the extent of the daughters' interests in the year's support property was resolved in a partitioning judgment, which awarded the daughters their share of the year's support property; because the partitioning judgment was not appealed, the daughters could not complain that the daughters had a greater interest in the property than that which was awarded. Cabrel v. Lum, 289 Ga. 233, 710 S.E.2d 810 (2011).

Cases Citing O.C.G.A. § 53-3-19

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Cabrel v. Lum, 710 S.E.2d 810 (Ga. 2011).

Cited 10 times | Published | Supreme Court of Georgia | May 31, 2011 | 289 Ga. 233, 2011 Fulton County D. Rep. 1602

...With regard to property set apart in an award subsequent to enactment of Ga. L.1937, p. 861, [5] any conveyance or encumbrance by the surviving spouse of any or all of the property set apart is binding and conclusive only on the surviving spouse. OCGA § 53-3-19(a)....
...The surviving spouse's conveyance or encumbrance binds the children if the probate court approves the conveyance or encumbrance, and is binding and conclusive on sui juris children who join the surviving spouse in making the conveyance or encumbrance. OCGA § 53-3-19 (b), (c)....
...[6] 4. Citing Claxton v. Claxton, supra, 214 Ga. 715, 107 S.E.2d 320, the daughters assert that any sale of year's support property by Mrs. Cabrel must be set aside as void because the sales were not approved by the probate court pursuant to OCGA §§ 53-3-19(b); 53-3-20....
...See OCGA § 44-6-160, which requires a petition for statutory partitioning to be filed in superior court. The probate court retains jurisdiction over the year's support property for a limited purpose—to review certain proposed conveyances or encumbrances of the property set apart. See OCGA § 53-3-19. [5] The 1937 act, codified in OCGA § 53-3-19, requires the probate court to approve any conveyance or encumbrance of the year's support property in order for that conveyance or encumbrance to bind the children....