More information is neede to answer your question. For example, how much monthly income does your parent have; how much long term care insurance coverage; what type of coverage; is there a living spouse? You should seek advice from an experienced elder law attorney immediately
You need to immediately consult with an experienced elder law attorney to review your situation, in particular the power of attorney to determine what authority you have been given by your father, which may or may not include transferring the house
An experienced planning attorney will review all of those things with you and understand first what your goals are. There are a number of provisions that can be part of a Will depending on individual circumstances. You should discuss who will inherit your assets as well as how and when. You need to discuss who will be the Executor (as well as Trustee if needed). The attorney should also discuss advance directives (power of attorney, health care proxy and living will) as a critical part of any...
Actually, what your Will states has nothing to do with whether it has to be probated. Generally speaking, Probate is required when the decedent owned property/assets in his or her name alone with no named beneficiaries. For example, if a bank account is owned jointly with right of survivorship, it passes automatically to the survivor regardless of whether there is even a Will.
I agree with Mr. Scali with this addition - the trust may have contained a power where the settlor (the person who set up the trust) retained the power to change beneficiaries of the trust. This power, referred to as a limited power of appointment, is typically exercised by Will. You should definitely seek counsel from an experienced estate planning/estate attorney.
You can absolutely disinherit a child. You should, however, acknowledge the child's existence (ie, mentioning him or her by name and stating that you are specifically leaving him or her nothing). Bear in mind though that your child has a right to challenge your will.
you and your mother should immediately seek the advice of an experienced elder law attorney. the laws in this area are complex and the rules regarding Medicaid eligibility are strictly adhered to. putting the house into an irrevocable trust will create a five year waiting period for Medicaid nursing home eligibility, but not for Community Medicaid (ie, help at home)
Typically, the only reason to probate a Will would be if the decedent owned asset(s) in his/her name individually with no named beneficiary on the account. Assets owned with another with right of survivorship or with named beneficiary escape probate
Although it is good practice to have the witnesses sign the attestation at the same time they witness the will (and gave it attached to the Will), it is nit required to do so. However, they will have to sign it at some point if the Will goes to probate