Legal Question in Wills and Trusts in Texas

affadavit of heirship

What exactly is this affadavit? Parents had wills. Were advised to do an affadavit in order for a brother to continue to live in house. Did so. Now told in doing this it turned over homestead solely to him. Please explain.


Asked on 5/11/09, 11:46 am

3 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: affadavit of heirship

you should probate the wills within 4 years or at least see a lawyer. the affidavit is for tax exempt purposes..not title..but without seeing affidavit, a lawyer could not be sure...call us or call a local lawyer to settle the estate now..

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Answered on 5/11/09, 12:05 pm
James Grissom Law Office of James P. Grissom

Re: affadavit of heirship

Guess you have at least 2 choices. (1) ask that person who gave you the advise to do the affidavit, or (2) maybe now is the time to start doing things right and consult with a lawyer. There is too much missing information to discuss your problem here and I wouldn't do that anyway. Good Luck.

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Answered on 5/11/09, 12:20 pm
Cheryl Rivera Smith The Smith Law Firm

Re: affadavit of heirship

An affidavit of heirship doesn't convey title. However, you should show the document you signed to an attorney asap to make sure that your interests are protected.

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Answered on 5/11/09, 1:21 pm


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