Legal Question in Wills and Trusts in Texas

Avadavit of Heirship

My mother died in 2006, did not leave a will, at the time my brother and his two small children were living with her. Does he have sole ownership of the home and will an Avadavit of Heirship make sure i also own the home. My mother only had two children and i am the eldest.


Asked on 5/28/09, 4:27 pm

2 Answers from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Avadavit of Heirship

His living there does not give him any ownership rights to the house. Go see a probate attorney and learn your rights.

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Answered on 5/28/09, 4:53 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Avadavit of Heirship

By law, you inherited half of the house. Your brother would owe you the value of half of the market value of the rent from mom's date of death. If you both agree to sell, an affidavit of heirship should be fine. If you don't agree on ownership, split, etc., you should contact an attorney to open up an heirship proceeding to protect your interests.

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Answered on 5/28/09, 6:18 pm


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