Hamlin, NY Estate Planning Law Firms & Lawyers

You do not say what you are being asked to sign, so it is not possible to comment on that specifically. You are not required to sign anything. But if you do not sign off on the estate, you will remain part of the estate administration, which is apparently not what you want. If you have no interest in the home at all, the easiest way to deal with this would be to sign a disclaimer. That will eliminate the need for you to be involved with the probate administration at any point in the future. If you do nothing, the Personal Representative of the estate would be required to transfer 1/2 of the property to you and 1/2 to your brother. You would then equally be responsible for the taxes, insurance and upkeep of the house. It is always a good idea when you are being asked to sign a legal document to review it with an attorney, if you are not sure what the document means.

You could make a new Will.  A new Will revokes any pre-existing Will. But unless the divorce decree gives an ex-spouse a right to part of your estate, she has none.  

Creditors can collect after a person's death-they generally must file a creditor's claim against the estate within a certain period of publication of a notice by the executor. Specific rules will apply to secured debts like home loans. A will does not necessarily have to be probated-if a person wants to begin the 90-day period in which a creditor must file a claim or lose the claim, the will must be probated and a personal representative/executor must be appointed. A lawyer is not necessary but can provide great value in the administration process. Kind regards, Geoff N. Germane