Fabius, NY Estate Planning Law Firms & Lawyers

The Will should be redone with the name of the conservator changed and it should be signed in the presence of two witnesses who also sign the new will in the presence of you and the other witness. The execution of the new Will should be done in the same manner as the old, revoked, Will. After the new Will is fully executed the old Will should be destroyed. That is the best practice. It is possible, but more perilous, to change the existing Will by modifying it on its face. If this is done the modification must be done in the presence of two witnesses, you must sign the Will indicating you made the modification in the presence of the witnesses and the witnesses must indicate that they witnessed you make the modification, and signed the will in their presence and they signed the Will in your presence and the presence of the other witnesses. If the modification is not done properly it is ineffective and it could be interpreted to mean the entire Will was revoked. It is much better to merely retype the Will with the one change and arrange to sign the Will in the presence of witnesses and revoke the prior Will.

Sorry to hear of your mother's death. I'm a little confused by your question, as you indicate you want no involvement with the house, but at the same time ask about your refusal to sign paperwork which would ultimately remove your involvement with the property. Since you did not mention an instrument that would be effective upon the death of your mother, it may require Court intervention to transfer the deed. However, you are not required to take property, of which you do not want in a situation as you describe. If you refuse to sign paperwork, and your sibling would be an heir to the property, then your refusal to sign anything will likely result in you having no interest in the property. However, if your intention and goal is to have no involvement with the property, it may be more practical to disavow any interest in the property, and sign the necessary paperwork to effectuate your intention.