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In Re: Estate of Larry James Avery Sr.

The caveator failed to make use of multiple opportunities to raise his arguments to contest the amount awarded to the decedent's widow as a year's support.

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Larry James Avery, Jr. appeals from the superior court’s grant of summary judgment in favor of Kathy Avery on her petition for year’s support. We find no error and affirm. Kathy Avery, the surviving spouse of Larry James Avery, Sr., filed a petition for a year’s support in the Baldwin County Probate Court. The deceased’s son, appellant Larry James Avery, Jr., filed a pro se letter with the court alleging only that “I feel that Kathy Avery is not compotent sic nor responsible enough to handle such dealings.” The probate court notified appellant that it would temporarily accept the letter as a caveat, but explained that the letter was invalid because it was not verified and not served on opposing counsel. The court allowed him 30 days to correct the deficiencies. After almost 60 days with no response, Kathy Avery filed a motion to dismiss the caveat, and on July 5, 2005, the probate court granted the motion in a final order, noting that appellant failed to cure the deficiencies. In the same order, the court granted Kathy Avery’s petition for year’s support.

Appellant, through counsel, appealed the probate court’s decision to the superior court, and the case was transferred on July 25, 2005. On January 23, 2006, Kathy Avery moved for summary judgment, which the superior court granted, prompting this appeal.

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