Chatsworth, GA Estate Planning Law Firms & Lawyers

Depending upon the level of your father's capacity, it may be too late to obtain authority under a Power of Attorney. If your father has lost the ability to understand the effect of these sorts of estate planning documents, if he has lost the ability to enter into contracts and if he is "90% of the time" incoherent, that avenue might well be closed to him. Your alternative to affirmative incapacity planning by your father is often found in the guardianship and conservatorship proceedings of the jurisdiction that he resides in. Sounds like you'd have a pretty easy case to prove. Think of it this way: A POA is something that your father could have signed to provide for his own incapacity. Guardianships and conservatorships work like Court-initiated POAs the Court steps in to provide for your father largely because your father did not address this possibility in his own planning.

He can only remain unproductive if you continue providing him assistance.  If he is unable to work because he has special needs, you need to try to qualify him for social security benefits. You shoul develop an estate plan that leaves your assets to a trustee to administer for your son's benefit.

Your mother should have dealt with the house as soon as possible after your stepfather died. His interest in the house may have become part of his probate estate at his death, depending on how the house was owned. That would happen even if no one opened a probate estate. If his name was on the deed, but he and your mother did not own the house as "joint tenants with rights of survivorship" (the deed has to say words like that or very similar), then it is very likely the case that his children now own shares in the house (for example, if this is a Georgia property, and he and your mother owned the house as "tenants in common," then your mother would own 1/2 + 1/6 of the property - her own half plus 1/3 of his half, and his children could own 4/6 of the property in equal shares.) If he and your mother owned the house as joint tenants (or, if it's not a Georgia property, they could have owned it as tenants by the entirety, which does not have to be stated on the deed, necessarily), then his interest would have transferred to her automatically. Before you move in and begin paying anything, you need to get a good probate attorney to help you figure out exactly who now owns interests in the house. If it does turn out to be all your mother's, you will still need to deal with her estate. Since she has debts, those will have to be dealt with. If they can all be dealt with without the house having to be sold to pay them, then you and your siblings (all other heirs, actually, which may not be just you and your siblings if any sibling predeceased your mother) could agree to let you and your wife take on the house. It will then need to be deeded from the estate to you. If your stepfather's interest in the house didn't pass to your mother 100% under the deed, however, then his children likely also own interests in the house and they will need to be dealt with in addition to your needing to deal with the probate estate for your mother. You will have to open a probate estate for her, however, either way. Get a good attorney; it may not be an easy job and title to real estate is too important to risk messing things up.