Odessa, FL Estate Planning Law Firms & Lawyers

I commend you on your initiative in learning about your mother's conditions and identifying possible treatment options. Unfortunately, your age makes it unlikely that you would be granted power of attorney for her health care decisions. There are several non-medical ways you can aid your mother during her illness, such as helping to establish a supportive home environment, reminding her to stay on her medications, and encouraging her to eat properly. If you can go with your mother to her next medical appointment, you can share your concerns with her doctor and ask for assistance in getting her the help she needs.

The question as drafted is a little confusing but I will try to answer what I think you are asking. First, it depends on how the house is deeded. If it is deeded as tenants in common, then his portion passes according to his will. If it is deeded as joint tenants with rights of survivorship with his wife/your mother or as husband and wife community property, then it went to her when he passed and she can make a will leaving it to someone different. However, if she is not competent to make the will, then the new will made while lacking competence can be challenged. Presumably, in order to obtain title to the home, the executor will have to probate your mother's will and that is when you would challenge it in Court.