Legal Question in Wills and Trusts in Texas

Affidavit of Heirship of a House

My sister and I signed an Affidavit of Heirship in 2003 because my mom died in 2002. My dad and his new wife still live in the house. He has refinanced without our signatures and also got a lien put on the house because he got a $20,000.00 loan ALSO WITHOUT US SIGNING. Is this legal? Aren't we owners of the property since our mom died and we signed the Affidavit of Heirship?


Asked on 10/08/08, 2:40 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Affidavit of Heirship of a House

If you are children of you mother and dad and there are no other children outside of the marriage, mom's share of the house goes to dad as his separate property.

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Answered on 10/08/08, 4:39 pm


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