Hoosick Falls, NY Estate Planning Law Firms & Lawyers

I would suggest if you are one of two heirs, that you compel a sale of the proceeds and split the funds. You will need a probate attorney to probate this property because you do not have title to the property. Near the conclusion of the probate proceeding, you could talk with the probate attorney about assigning your interest in the estate to your brother, which would facilitate the transfer. But to just refuse to sign necessary documents out of spite is not cool. Please rethink your position.

The answer to your question depends on several factors. For example, are you named as the "pay on death" beneficiary of the account? If not, did your mother leave a Will? Are you the only beneficiary of the estate? If there is no Will, the size of her estate may affect whether you will need to open a probate to collect the account or whether you can do a simplified proceeding. I recommend you speak with a probate attorney to discuss the answers to your questions and determine your options.

Hi there, The estate will be distributed according to the Will, but your step-mother can file a right of election, which means she will be entitled to $50K or 1/3 of the net estate, whichever is greater.  Alice Choi, Esq. (achoi@novicklawgroup.com)