Demorest, GA Estate Planning Law Firms & Lawyers

Generally, a probate case will be opened, the house will be determined to be homestead, and then the home will become the property of the three kids, unless a will or some other document directs it otherwise. You can avoid the cost of the probate by using a Florida Enhanced Life Estate Deed or a trust in some cases.

The answer to whether the government can take the assets of a person who has been convicted of a crime depends on various factors. If the person was subject to a fine, or to an order requiring him to pay restitution, then yes, the government can likely take any assets he receives, including inherited ones. It may be possible for your father to protect the property he wants to leave to your brother by putting it into a trust for your brother, instead of leaving it to him outright. Your father will need to consult an experienced estate planning attorney in the state where he lives to see what his options may be. The attorney will need a lot of information about the crime, the conviction, and the punishment, as well as your father's situation in general, so it's not the sort of answer that can easily be given in a forum like this. It's also not a do-it-yourself project, so you dad should get some professional help.

Personal property disappearing between death and the court appointment of someone to settle the estate (even the person named as executor in a Will must receive a court appointment to act) is a widespread property. While dad is alive, only his agent named in a Durable Power of Attorney can take action.