Adirondack, NY Estate Planning Law Firms & Lawyers

Nothing can make you sign any document with respect to the the house. Depending on the terms of your mother's will, however, you may end up owning that house with your brother in some fashion. If your mother had no will, then the house likely passes to you and your brother, with the same result. You thus may need to resolve this with your brother in some fashion. The only this may not happen is if your mother's will says that either you or your brother do not receive an interest in the house in question.

Write a will. See an attorney. However, even if you leave all your assets in your name, and plan distribution through your will, your wife has certain elections, (money due her) that takes priority over the other transfers. So, even if you left all to your children, your wife could elect to invade those assets first, up to a certain statutory amount. Better choice, put your children?s names on the assets, as designated beneficiaries, and then there will not be a probate estate to argue about.

The answers depend on too many factors to list. You should speak to an attorney about your individual situation. Many, including myself, offer a free consultation.