Brewerton, NY Estate Planning Law Firms & Lawyers

With a timely filing you are able to disclaim an inheritance. The estate would transfer the property to another heir or if none accept the distribution the estate would remain responsible and eventually the property would be foreclosed upon by a lender or the condo association.

You should talk to a local probate attorney. Your father's unsigned will is not effective. Your mother's will may make a difference, but what does it say? If it leaves the house to your father, then her will does not help you. You need to find out whether her will leaves the property to you and your sister. Also, be aware that if the property was deeded to your mother as "joint tenants", then it would automatically go to the other joint tenant when she died. In that case, her will does not affect who gets the property.?

Your father's power of attorney is not relevant once he passes. The terms of his trust and/or will dictates who is in charge of the assets and who will receive them.