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AV Preeminent Peer Rated Attorneys
Dryden Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Dryden Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 504 Spencer Road, First Floor, Suite 1, Ithaca, NY 14850

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  • 309 N. Tioga St., Ithaca, NY 14850-4239

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  • 103 W. Seneca St., Ste. 301, Ithaca, NY 14850

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Do I have to sign anything at all?

Answered by attorney Sharon M. Siegel
Estate Planning lawyer at Siegel & Siegel, P.C.
There are two ways a deed can transfer. First, all distributees (next of kin) sign the deed. Second, the executor/administrator can transfer the property by signing an executor's deed. I know you say you are not interested in the house or proceeds, but I would suggest that you file a petition for administration so that you control the process and proceeds. Perhaps you can strike a deal whereby he buys you out. But, you want to become the administrator so you can sell the house to a third party. I suggest that you consult a lawyer.
There are two ways a deed can transfer. First, all distributees (next of kin) sign the deed. Second, the executor/administrator can transfer the property by signing an executor's deed. I know you say you are not interested in the house or proceeds, but I would suggest that you file a petition for administration so that you control the process and proceeds. Perhaps you can strike a deal whereby he buys you out. But, you want to become the administrator so you can sell the house to a third party. I suggest that you consult a lawyer.
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Would judges follow a signed will over one that was not?

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Answered by attorney Jeffrey R. Gottlieb (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Robert H. Glorch
If the document is unsigned, it would not be admitted to probate and would have no relevance at all. The signed Will would control.
If the document is unsigned, it would not be admitted to probate and would have no relevance at all. The signed Will would control.

Do I have to sign anything at all?

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Answered by attorney Edward L. Armstrong (Unclaimed Profile)
Estate Planning lawyer at Edward L. Armstrong, P.C.
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.
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.
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