Legal Question in Wills and Trusts in Texas
Affidavit of Heirship?
My younger sister passed away recently, leaving a husband and 5 year old daughter. She had no will. She and her husband purchased a home 3 years ago. She was receiving SSDI and, although her husband has a job, income is limited. Can he just get an Affidavit of Heirship done to cover their mutual assets, i.e., the family home, possessions, etc.? If so, how does he go about that? Also, she had a son when she was 18 that she gave up for adoption. Is he considered an heir?
1 Answer from Attorneys
Re: Affidavit of Heirship?
Unfortunately this is likely to be a big mess. The son who got adopted is an heir, unless special unusual language in the termination court papers terminated his right to inherit. Son will inherit 1/4 of the community estate, daughter will inherit 1/4, and husband keeps 1/2.
In order to clear title, the husband will have to file for an administration, ad litems will have to be appointed for the children, and a determination of heirship will need to be made.
I don't know how any of this could be accomplished without an attorney. An affidavit of heirship could possibly be done, but it will have to recite the division I mentioned above.
This is an example of where someone really needed a will. If the husband can get in contact with the adoptive parents, and they can come to some agreement, possibly this can be worked out without so much expense. He will need to find a creative and economical lawyer to help.
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