Phoenix, NY Estate Planning Law Firms & Lawyers

Are there other assets in your mother's estate? Was there an estate opened in probate court in the county where your mother resided at the time of her death? If an estate was opened (normally this would need to be done to effect a transfer of title on the real estate) normally the personal representative would wait six months (the period during which claims against the estate could be filed) before distributing anything. If the estate was to be divided equally, the only way to do this would be to sell the house and divide the proceeds. If there were other assets your estranged broth could request the house but he would either have to pay into the estate to make up the difference to you and your other siblings or he would have to agree to forgo any interest he may have in other estate assets to make up the difference so that all siblings would received an equal amount. You should retain counsel for this.

Yes but if the wife decides to hire a lawyer and file a petition that competes with the child's petition, the wife will get the administration as she has priority.

Your will is the last thing you say on Earth. When it "speaks," it is beyond fixing, because the only person who can change the will is the person who made it, and that person is gone when the will is read. It doesn't cost that much to get a lawyer to help, compared to the impact of getting something wrong (and we see it all the time).