Pelham, GA Estate Planning Law Firms & Lawyers

If you are named as the person who receives the balance in a bank accoutn at the death of another person, that money is not part of the probate estate.  That money is yours adn you have no obligatni to pay any of the deceased's person's bills or funeral expenses with the money.  It is yours to keep and spend as you see fit. 

If you were never discharged as Administrator, the case was never closed and any heir or creditor can raise an issue with the Court concerning your failure to handle your duties properly.  If you believe you performed all of your duties and you have distributed all property of the estate, you should file a petition for discharge seeking to be relieved of any further obligations related to the estate.

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.