Dunwoody, 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.

Please accept my condolences on the loss of your spouse. As for your question, you really shouldn't so much "rewrite" a Will as just do a new one. Unless you have some kind of irrevocable trust planning in place, you should be free to do new estate planning documents. Find an estate planning attorney and schedule a consultation. The attorney can help you consider your situation and your wishes, and can then help you develop an estate plan that reflects those and fits you. Ideally, that would mean a new Will, a Power of Attorney, and an Advance Directive for Health Care, to make sure that you have documents in place that will allow someone to help you if you ever become incapacitated as well as a Will that provides for the management and distribution of your probate assets after your death. The attorney should also review beneficiary designations with you, to make sure that those items are coordinated with the rest of your planning.  

Depending on how recently you inherited the property, or if you haven't accepted the gift you can disclaim your interest. Without more facts it is impossible to give you a clear answer. Good luck in your search for an attorney.