Legal Question in Real Estate Law in Texas
Affidavit of Heirship
My father in law died in 2001 and left no will. My mother in law had an affidavit of heirship done by an attorney and filed with the court. She wants to sell her property and relocate. Her daughter and 1 of her sons are wanting to stop her from selling and say that the property belongs to all of them and that her mother will have to give them their part or they have to sign allowing her to sell. I am under the impression that the affidavit of heirship should take care of this problem being that all property records are now shown to be in my mother inlaw's name only and not along with her deceased husband. Is this the case or can they make trouble for her.
1 Answer from Attorneys
Re: Affidavit of Heirship
If your father in law died without a will and the property was community property -- i.e., they bought it during the marriage -- then half the property belongs to his children and your mother in law cannot sell without their cooperation. I'm surprised there's any confusion as this is a quite basic point of inheritance.
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