Legal Question in Real Estate Law in Texas

Affidavit of heirship

i'm trying to get an answer to my question. i inherited a house from my good friend who was a widower we had a good 13- year friendship. he died in 2007, december. his wife died in 1993. her name was on the deed, but shows me as the only owner now, after probate and filing of the executor's warranty deed. i went through probate and got letters testamentary issued in my name. recently i put the house up for sale. the title company won't accept the letters testamentary, for fear of being sued by possible heirs. the couple had no children together or previously, per my knowledge as being told by my friend and i saw no documents to say otherwise. the neighbors know the same as i do and they knew the couple even longer. what can i do to sell the house? letters testamentary were supposed to enable me to do so.

Asked on 6/26/08, 12:42 am

2 Answers from Attorneys

David Leon David L. Leon, P.C.

Re: Affidavit of heirship

Ok, I'm assuming that no action was done on the wife's estate. This means that the wife's estate claims may not have been extinguished. If you have letters for the husband's estate, that only gets you halfway there. You would need to cut off any claims held by the wife's estate. You can do this with an heirship affidavit (assuming she had no heirs at the time of her death, aside from her husband.)

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Answered on 6/26/08, 12:48 am

Cheryl Rivera Smith The Smith Law Firm

Re: Affidavit of heirship

You will need a court order from the judge that declares you the owner of the property. It is called a declaratory judgment.

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Answered on 6/26/08, 7:41 am

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