Legal Question in Wills and Trusts in Texas
Affidavit of heirship
I was told I needed to sign this form so my Mom could sell her land. My dad died 3 years ago and in his will he left everything to my mother.Recently my Mom chnged her will to leave everything to my older sister;this was on the advice of the attorney they saw. She was told this would keep my sister from protesting the will My older sister has power of attorney and was named executor of the estate. She and my mom have the same attorney Do all 3 children have to sign affadavit of heirship before the land can be sold? Her attorney told me this was just a courtesy letter is that correct? Thank you
2 Answers from Attorneys
Re: Affidavit of heirship
An affidavit of heirship is usually used to transfer real property when someone dies without a will (intestate). If your mother recieved all the property and the will was probated, she should have full title.
Re: Affidavit of heirship
If your father's will was probated, and left everything to your mother, she doesn't need an affidavit of heirship to sell the property. Someone is being less than honest.
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