Elma, NY Estate Planning Law Firms & Lawyers

A signed will takes precedence over an unsigned will in Nebraska unless the signed will can be proved to be fraudulent or the terms contained therein are invalid or unlawful for some reason. In that case, the decedent would be considered intestate (no will exists at the time of death) and state statutes would determine who is entitled to the assets of the estate.

You do not say what you are being asked to sign, so it is not possible to comment on that specifically. You are not required to sign anything. But if you do not sign off on the estate, you will remain part of the estate administration, which is apparently not what you want. If you have no interest in the home at all, the easiest way to deal with this would be to sign a disclaimer. That will eliminate the need for you to be involved with the probate administration at any point in the future. If you do nothing, the Personal Representative of the estate would be required to transfer 1/2 of the property to you and 1/2 to your brother. You would then equally be responsible for the taxes, insurance and upkeep of the house. It is always a good idea when you are being asked to sign a legal document to review it with an attorney, if you are not sure what the document means.