Covington, GA Estate Planning Law Firms & Lawyers

It all depends on how the title was originally handled for the home.  If the title with your mom is joint tenants with rights of survivorship, then the home is yours.  If the title is tenants in common, then your mom owns 1/2 of the house still. At her death, the house would belong equally to her spouse and children.  Therefore, if your mom was not married and your sister and you are the only children then each of you would have inherited one-half of your mother's half of the house.  Therefore, you might own 3/4 of the house today and your sister would own ¼ of the house.  Of course, it is not that easy because your mother may have had debts that needed to eb paid off, someone paid for the funeral and that person gets her money back first.  You should consult with a lawyer specializing in probate law to sort this out.

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.

I am sorry to hear of your dad's condition and of the possible manipulation by your stepmother.   As for your question, however: you can't prevent your father from changing his Will, even if you think your stepmother is effectively forcing him to follow her wishes rather than his own. What you MAY be able to do includes the following options:   1. If you think he is truly incompetent and that your stepmother is committing physical, emotional, and/or financial abuse with regard to him or neglecting his welfare, then you (or someone else) may be able to seek appointment as his guardian and conservator while he is still living. If a court agrees that he is incapacitated and in need of a guardian or conservator, then the appointment of that person can help make sure that he is being care for appropriately and that his assets are being used for his benefit and not wasted, stolen, or used inappropriately.   2. If he dies and you do not believe that any Will that is offered for probate for his estate is not a valid expression of his wishes (because someone exercised undue influence over him, the Will was not correctly executed, or because he did not have the level of competency necessary to make the Will), then you can try to challenge the Will. It's more difficult to do, but you might also be able to challenge beneficiary designations, trusts, or rights of survivorship that result in your dad's assets being transferred to others outside of his Will if you think that those were created under circumstances that make them invalid.   Either of these options means that you need to hire an attorney who does fiduciary litigation and handles contested guardianships/conservatorships or contested estates. You should likely assume that there will be an expensive, lengthy legal battle, and you should not assume that there will be any financial reward in it for you. However, if you are really concerned about your father's welfare, then you should look into option 1 and perhaps pursue it- that's the best way to protect him while he is still living, and it may also help ensure that his eventual post-death wishes come to pass.   Best wishes to you and your famiily.