Legal Question in Wills and Trusts in Texas
Wealthy aunt, no children
My father has a wealthy great aunt who recently died. She was a widow with no children. She distributed her property among some of her nephews and grand nephews, but not all of them. My father was not named or specifically excluded in the will. He has been asked to sign an affidavit stating he understands that he receives nothing in the will. His cousin called and told him if he didn't sign within three days, they would send a constable to force him to sign (silly). Now he is paranoid. Why would he be asked to sign this affidavit?
1 Answer from Attorneys
Re: Wealthy aunt, no children
He's asked to avoid a possible will contest, where the true heirs are determined. If your father was an heir as a matter of law, and not mentioned in the will, then the distribution to him would be as if the will didn't exist. He can't be forced to sign that affidavit.
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