Legal Question in Wills and Trusts in Texas

Small Estate Affidavit form help

My mother in law passed away a month ago. I believe that due to the fact they have only a mobile home on property and insignificant personel property that the small estate affidavit will be the best option for him. They had joint ownership in the mobile home and he would like to get it in his name so he can refinance.

I have reviewed the form and believe I can assist him in filling it out and not have the expense of an attorney. He has very little money.

A question I have on the form, do all of the heirs, which are her children from a previous marriage, sign as a distributee and each have two disinterested parties sign and notorize? Can each heir claim 0 percent of the estate if they have no plan to claim any of the estate. Any other assistance in filling out the form would be helpful


Asked on 2/10/07, 1:24 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Small Estate Affidavit form help

You will need an affidavit of heirship, then the heirs can assign their interest to father-in-law by using a bill of sale. Title will need to be changed. If he needs legal help and has no money, go to www.texasbar.com to find the nearest legal aid office. Best of luck.

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Answered on 2/10/07, 7:08 pm


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