Cherry Valley, NY Estate Planning Law Firms & Lawyers

You can disclaim the gift, then it's someone else's problem. Of course, that someone else is probably your brother or sister. If it's truly worthless, sell it as is for a buck.

You cannot stop a court case. If it is in the wrong jurisdiction however, and you are within the proper time limit and have not subjected yourself to the jurisdiction of the court, you can do a Demurrer based on jurisdiction and likely get the case dismissed. However, all this will do is tell the person where to file in the proper jurisdiction and you will end up in court again.

Your spouse has a right under to receive a portion of your joint assets regardless of what your will says. You should meet with an estate planner to structure a will that gives your spouse as little as possible. If you can get a spousal agreement from your spouse that you don't have to give your spouse anything, your spouse is not entitled to get anything. You also should talk to your mother about revising her will to leave any inheritance for you in trust for your benefit during life and then to your children. Your spouse would not be entitled to any share of that.