Sidney, NY Estate Planning Law Firms & Lawyers

Although every situation can be different, if your brother was only named power of attorney for your mother, this does not allow him to sell the home or any assets if there is a different directive in the your mother's Will, hence, the Will should be disclosed first. The timing can be affected if the home was already under contract to be sold and he is merely carrying out the terms of that contract in a timely manner.

You have every right to contest you father's will based on factors such as undue influence, duress, lack of capacity, or improper execution. You should speak to an estates attorney who can analyze the will and prepare objections to it.

If your mother passed away fewer than 9 months ago, and if you have not done anything about the ownership of the condo (haven't acted in any way as its owner) you could disclaim the gift. If you disclaim, the gift will pass as though you had died before your mother.