Legal Question in Family Law in Texas

My common law husband died in 2006 without a will. We lived together 5 years in a house he owned in Dallas County, Tx. His daughter filed for heirship in 2008 in Collin County, Tx. Her lawyer had me sign the affidavit testifying that she was his only living daughter(thats what he told me). Later I discover she has filed in Dallas County, Tx as Executor of his estate by Will and her name is now on the home and on the car my husband and I shared. The daughter is now trying to evict me from the home. I have been told by one attorney that because I signed the affidavit, even unknowingly, it would be difficult to overturn this. I thought that since I receive Social Security benefits as his surviving wife, and the fact that the affidavit was filed in the wrong county, that I ought to have some kind of recourse to reverse this. What are my options at this point? I am frantic!


Asked on 7/30/09, 10:02 pm

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

You need to talk to a good probate attorney. Much of what you say does not make sense. If as you say, there was no Will then the daughter could not be the Executrix of the estate. If there was a Will, then the Affidavit (of Heirship???) doesn\'t matter.

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Answered on 7/31/09, 3:59 pm


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