Legal Question in Real Estate Law in Texas
widows right to sell property
My father passed away and my mother wants to refinance the house. They didnt have a will.A will was drawn up before my father passed away but neither of my parents signed it and it of course was not probated.My mother has been told that she needs a affadavit of heirship signed by all of her living kids because my deceased fathers name is on the deed.There was nine kids. Two are deceased.Do their adult
kids have to sign the affadavit of heirship also? If so is there an alternate way to do this because some of my nieces and nephews are going to be reluctant to sign this?.
1 Answer from Attorneys
Re: widows right to sell property
What documents you need depends on several factors:
1. When was the date of death?
2. Did your father have any children outside the marriage with your mother?
3. When was the house acquired?
4. How was the house acquired (inherited, purchased, etc.)
The children don't necessarily sign the heirship affidavit. Typically, disinterested witnesses sign those and the children sign deeds to alienate any interest they may have in the house.
Call me if you want to talk about it.
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