Legal Question in Wills and Trusts in Texas
affidavit of heirship
My stepfather passed away in 2002 leaving a will, with me as only heir.Now his brother has died,leaving a will with another brother and my stepdad as his heirs. Should I now receive mystepdads share of brothers assets even if I am not a blood relative? I was not adopted.
2 Answers from Attorneys
Re: affidavit of heirship
You have a problem in that the will was not provided for probate within four years of the date of death.
If a person dies prior to another, then the person dying first would receive nothing. You would have to look at the will's provisions to see who is next in line(typically the decesased's heirs.)
Re: affidavit of heirship
Yes, you would receive his share. As his "devisee" (or heir), his inheritance should pass to you. Birth status is not an issue.
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