Austell, GA Estate Planning Law Firms & Lawyers

A validly executed will (or Trust) is legally binding. If your son inherits your house through your will after you pass, then upon his death the house would pass through his own estate (e.g. to whomever he leaves it to in his own will). If your son passes before you, then your own estate plan would determine who is "next in line" to receive it. If you want to have some control over the way your property passes after your death and avoid the involvement of the probate court in the process, you might want to consider whether a Living Trust is appropriate for your situation. If you create a trust and transfer your house to that trust, you could (for example) create a provision that upon your death, your son may have use of the property for the remainder of his life (and even the ability to sell it if that's what you want), but that upon his death, the house passes to the next beneficiary YOU named (not to his own beneficiary). I recommend you speak with an attorney who can discuss your options with you in greater detail.

Your father be the one to sign a power of attorney appointing you. However, since he has dementia he will obviously not be able to. You will need to speak with an attorney about a Conservatorship petition asking the court to appoint you as the conservator.

I don't know. It depends on the state you are in and how the property was held. If your father maintained separate property, there is a possibility that you may be entitled to part of it, but I wouldn't hold my breath.