Legal Question in Wills and Trusts in Texas

If a decedent was married twice, does the person signing an affidavit of heirship have to have known the decedent through both marriages?

Also if the decedent owned some real estate (a house and 7 acres of land), would filing this affidavit of heirship be enough to have the deed or title or whatever it's called signed over to her 3 heirs?

What kind of document would I need to write to convince the other 2 heirs (my siblings) that I will sell the real estate and split the proceeds evently with them 3 ways. They will reqiure concrete proof that when the deed is solely in my name that they will have their fair share. Also, where should I go to get the deed transfered to us/me from the decedent.


Asked on 9/20/12, 11:11 am

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

As to the first part of your question, the person signing the affidavit of heirship is swearing that they have personal knowledge of the facts. A statutory affidavit of heirship that identifies specific parcels of real estate vests title (sometimes) in the statutory heirs identifed. The contents of a statutory affidavit of heirship can also be used in a Small Estate Proceeding (the total value of the estate can not exceed $50,000) or it can be used in a Proceeding to determine heirship which is far more complicated. You could couple the last one with an application to have someone (you) appointed as independent administrator without bond (everyone would have to agree).

You really need to contact a lawyer near you to help you make the right choice.

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Answered on 9/20/12, 11:21 am


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