Lilburn, 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.

Yes. Unless she requested and was awarded assets as Year's Support, you and your brother would each be entitled to one-sixth of your father's estate under Georgia law.

If he is not mentally competent to sign a Power of Attorney, then your only option will likely be to seek a Court appointed guardian. In Indiana, the process for this task is to file a Petition to Appoint a Guardian, notifying all relatives of the proceeding. The Court then appoints a temporary guardian to determine for the Court if the person truly needs a permanent guardian. Then a hearing is held and a guardian is appointed. You can request that the Court appoint you as the Guardian. In Indiana, the process generally takes a month or two to complete. You should seek the advice of an estate planning or elder law attorney in your area.