Cobleskill, NY Estate Planning Law Firms & Lawyers

Hello: I am an Attorney in New York. The named executor in the Will can petition the court to probate the Will to represent the estate to gain access to the premises of the decedent. When there is a need to act fast, the executor can request preliminary letters testamentary. An executor named in the Will may file with the court a written request for issuance of preliminary letters testamentary. One reason is to obtain access to the premises of the decedent to preserve and inventory assets. At the same time, if the decedent had been living with someone at the time of death, that person has a right to stay on the premises as a tenant that is entitled to proper notice to vacate the premises according to the landlord-tenant laws. If the tenant is refusing access, there may be a need to request judicial intervention to get a court order for entry.

You could make a new Will.  A new Will revokes any pre-existing Will. But unless the divorce decree gives an ex-spouse a right to part of your estate, she has none.  

You should speak to an attorney since that me difficult to accomplish without professional advice. NY obligates you to leave at least one third to a spouse.