Martinez, GA Estate Planning Law Firms & Lawyers

Possibly. How easy a challenge would be to bring, and how likely to succeed it might be, depends on a whole lot of different factors. For example, a trust created for your second wife under your Will, which will have to be funded with probate assets after your death, is more susceptible to a challenge than an irrevocable trust which was fully funded by you during your lifetime and already exists. If you used a competent estate planning attorney, then you and the attorney should have discussed those factors and decided on a plan which met your goals in the manner which made you most comfortable. If you didn't use an estate planning attorney, or if your attorney really focuses on areas of law other than estate planning, then you may want to get a second opinion from an attorney who does focus primarily on estate planning.

If something, such as a POD account, passes outside the Will, it is only clawed back if the estate which passes under the Will is insufficient to pay expenses. Some states have an inheritance tax.  Some states have an income tax.  Federal income tax applies to all income, including through a POD account.

Please accept my condolences on the loss of your mother.   As for your first question (should the deed be changed to your father's name), the answer can only be Maybe. It's impossible to know what, if anything, your father needs to do without (A) seeing the deed to the home he owned with your mother, (B) knowing more about her estate and what became part of her probate estate when she died, and (C) knowing whether or not she had a Will.   As for your second question (can you do the deed change yourself): the answer is easier: NO. Never try to do a deed yourself. That's the best and fastest way to create a problem with title to a property. To have a decent real estate attorney prepare a deed and help you file it correctly with the county is generally not a lot of money, assuming that there isn't already a problem with the title to the property. And, if there is a problem with the title, then consulting the attorney may not be inexpensive, but getting the problem addressed sooner rather than later is always better.   Back to the first question: If your mom and dad owned the property as joint tenants with rights of survivorship, which in Georgia would require the deed to contain the right language in addition to both of their names and not simply show both of their names as the owners, then your dad does not have to do anything to change the title to his individual name- that happened automatically when your mother died. He could, but does not have to, prepare and file an Affidavit of Surviving Joint Tenant- this is an affidavit that basically states that they owned the property as joint tenants but that she died and he became the sole owner at her death. It shoould also include a certified copy of her death certificate. (This is also NOT a good DIY project.) However, even if the deed was held as joint tenants, it does not mean that your father does not need to take or should not consider taking other steps to deal with other property your mother owned (such as filing her Will for probate or for informational purposes, making a year's support claim, or other steps). He may also need to reapply for the homestead exemption.   Your father really shoulod consult a probate attorney and get a probate consultation. The attorney can take a look at the deed and other information and help your dad figure out what he really needs to do, and can then help him figure out the best way to get it all done. If you and he don't mind doing a lot of the legwork, then the attorney may be able to just provided guidance and let you do as much as possible on your own. But please don't just try to DIY this, and please don't just do nothing and assume all is fine.   Best wishes to you and your father.