Legal Question in Wills and Trusts in Texas
no will
My aunt left no will and she has 2 sisters. One sister is listed as the informant on the death certificate. My aunt has a home. The 2 sisters can not afford an attorney. If the 2 sisters do nothing to prove heirship, does the home belong to the state or to the informant, or to both sisters?
3 Answers from Attorneys
Re: no will
If you aunt left no will, a simple affidavit of heirship might clear title to the rightful heirs. Many attorneys will offer a free initial consultation and then you can determine if this method is right for your aunt's sisters.
Re: no will
The house remains the property of the deceased aunt as her estate. Probating a will as a muniment of title is not that expensive - or shouldn't be. Shop around. Ask around for some legal assistance programs. The longer you wait, the worse it gets.
Re: no will
If the two sisters are the only heirs of your aunt, and they intend to sell the property, they may be able to get the title cleared with funds from sale of the property. It's worth looking into, anyway, by talking to a realtor and/or title company.
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