Legal Question in Wills and Trusts in Texas
is there anywhere I can get an Affadvit of Heirship form for free?
1 Answer from Attorneys
Here. This is what it looks like:
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AFFIDAVIT OF HEIRSHIP
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
Before me, the undersigned authority, on this day personally appeared JOHN SMITH who, after being by me duly sworn, upon his oath deposes and says:
"My name is John Smith. I was well acquainted with Gregory Johnson, my younger half-brother, who died in Longview, Texas on August 27, 1988.
"I am Gregory Johnson's half-brother, and have known him all his life. I grew up with him and had frequent contact with him up until the time of his death.
"Gregory Johnson was born on August 6, 1958. He was a victim of Down's syndrome and was mentally retarded. He never married and had no children, either born or adopted. He is survived by both his parents, Floyd Johnson and Dorothy Hatfield of Longview, Texas, who I understand are his sole heirs, and even though I am related to Gregory Johnson by blood, I have no claim or interest in his estate. To my knowledge, he never made a will, and I have never heard him mention a will nor have I heard anyone else make any statement which would lead me to believe that he ever made a will at any time. I have been told that no will was found after his death.
"Gregory Johnson was living at 602 Walton #109, Longview, Texas at the time of his death. For most of his life he lived in an institution run by the Texas Department of Mental Health and Mental Retardation. He never accumulated any property whatsoever, real or personal, during his lifetime, except for an account in a bank located in Longview, Texas.
"Further affiant saith naught."
JOHN SMITH
PO Box 112
Mt. Enterprise, TX 75681
SUBSCRIBED and SWORN TO before me on 2010, to certify which witness my hand and seal of office.
Notary Public in and for the
State of Texas
My commission expires
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
Before me, the undersigned authority, on this day personally appeared JOHN SMITH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office on , 2010.
Notary Public in and for the
State of Texas
My commission expires