Legal Question in Wills and Trusts in Texas

Affidavit of heirship vs will

I was left as heir and executor of my stepfathers will. It was probated in 2004. His brother died in 2006, leaving assets to my dad and another brother. The living brother has filed a affidavit of heirship to have my part given to him.Is there anything I can do legally? I was not legally adopted but was only heir to my stepfather.


Asked on 8/09/08, 5:38 pm

1 Answer from Attorneys
Nicholas Dupre Stone and Associates, LLP

Re: Affidavit of heirship vs will

If you were not legally adopted and the brother didn't have a will leaving something to you personally or by name then there is not a lot you can do as far as obtaining that the brother's property. I'm assuming the brother did not leave a will or there isn't some written evidence that he wanted you to take if your stepfather predeceased him. It still is a good idea to talk to lawyer if you have time, lay everything out and maybe something will come up. Good luck.

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Answered on 8/09/08, 8:22 pm


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