Affidavits Of Heirship

Mom and Dad purchase a house in 1968. Dad passes away in 2000. Mom passes away in 2014. Neither had a will but they had 5 children from the same marriage. One child, the daughter, lived with the parents and took care of them until they passed away. Daughter now wishes to sell the house but finds out she does not have title to the home. What to do?

This is probably a normal occurrence when it comes to the need for an affidavit of heirship. The Affidavit of Heirship helps "clear title" so everyone can see who now owns the property. If mom and dad purchased a house, but daughter is signing off on the deed because mom and dad told her she could have the house, I can tell you right now, that you will have issues later on down the line. Eventually, you will have to "clear title" and legally put title under the daughter's name. Of course, you may still need to do some other documentation like preparation of a deed, an affidavit, or further still, you may have to go to court and obtain an order from the judge to clear up matters not readily apparent at the time. Texas Estates Code, Sec. 203.001, mentions the affidavit of heirship. Section 203.002 actually gives you a form which you can use to state the facts concerning the identity of a decedent's heirs.

If you ever find yourself in this type of situation where you need to clarify heirship, give us a call so you can be informed, or better informed, of what you can do to clear title to property.