Keeseville, NY Estate Planning Law Firms & Lawyers

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.

If you are a beneficiary or potential beneficiary, you can challenge the will but you will have to show that it was not proper under the law or that a more recent will exists. However, to show the latter, you will have to actually find the more recent will. There is no one place that wills can be found. You should check desks, file cabinets, bank safe deposit boxes, safes, and attorney's offices where you think the deceased may have done business.

You are advised to seek probate counsel to assist you in the probate of the estate. Yes creditors can collect after death. Yes a will needs to be probated if there are assets in the estate; lastly, the will must be filed with the court within 30 days after death, in the county of the deceased principal residence.