2010 Georgia Code
TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
CHAPTER 5 - YEAR'S SUPPORT
§ 53-5-20 - (Pre-1998 Probate Code) Effect of conveyance or encumbrance by surviving spouse of property set apart; approval of probate court as necessary to bind minor children; responsibility of purchaser or lender for use of proceeds

O.C.G.A. 53-5-20 (2010)
53-5-20. (Pre-1998 Probate Code) Effect of conveyance or encumbrance by surviving spouse of property set apart; approval of probate court as necessary to bind minor children; responsibility of purchaser or lender for use of proceeds


(a) Where property is set apart as a 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 thereof by the surviving spouse shall convey or encumber the title and interest of the spouse and shall be binding and conclusive upon the spouse.

(b) The conveyance or encumbrance of any or all the property set apart as a 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 persons claiming through or under them only when approved by the judge of 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.

(c) 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.