Slingerlands, 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, creditors can collect after a person's death(this is the simple answer). A will needs to be probated to give effect to it's terms. You should have your will prepared by an attorney.

Pursuant to the Cal. Probate Code, with the exception of Holographic wills, in order for a will to be valid it must be dated, signed by the deceased and witnessed by a least two witnesses. From the facts you have stated the 2010 will should not be valid.