declaration of heirship

Hi confuse,

When you sign a declaration of heirship you actually nominate a person who would inherit your property after your death. Thus if you don't sign such a deed, after your death, the property will have to go through the process of probate in order to determine who the successor would be. However I'd like you to elaborate a little on the issue so I can give an accurate answer to your query.

Thank you Jenkin7 for your assistances, Here is the issue my husband and I have two properties in Texas. My husband pass away without a will and he had two kids of prior marriage their mother is refusing that the kids 21 and 18 yrs old sign the declaration of heirship. So at this point I'm unable to sell these properties.

Thanks,

Confuse 0122

Hi confuse,

I really understand your situation and would love to help you out of it, as far as I can.

I think you should negotiate with them and try and buy them out. Unless they sign the declaration of heirship, you cannot get the title to the proeprties. What you can do is you can consult with an attorney who is well-versed in these kind of issues. I'm sure he can provide you with some useful solutions.

My husbands fathers passed away two years ago and we just now received a from of a delcaration of heirship with the names of my husband three half sisters and his one sister from his fathers first marriage and the name of the second spouse on this form. Why should we sign this and if we sign this what does it mean in the state of Texas????:?

Hi Frances,

The declaration of heirship states that your husband, his three half sisters and his one sister from his father's first marriage and his father's second spouse are heirs to his father's property. So the property would be divided between them according to the will left by his father.

My farther passed away a month ago and we just now received a form of declaration of heirship with name of sister and brothers a woman that is not intitle to my father estate she is not a heir he did not leave a will but the lawery have our name in case someting happen to hem. do the children have the wright to see a sign paper that my father sign saying she is a heir by his lawery.

Hi sandra,

You need to contact an attorney in this regard. The attorney will go through the documents and check out if it's a fraud or not. If it's not a fraud, then the woman can claim the property based on that document.

WHAT IS THE DIFFERENCE BETWEEN DECLARATION OF HEIRSHIP AND AFFIDAVIT OF HEIRSHIP. WHICH IS MORE EFFECTIVE IN THE STATE OF TEXAS WHEN THERE IS NO WILL

Hi JEANETT,

As their is no will, then the heirs of the property will have to file an affidavit of heirship at the county recorder's office. This will help them in transferring the property in their name.

Thanks

my sister died without a will our father is living. My father and mother only had the two of us together, then they remarried and both had other child. Who is intitled to her estate.

Hi ruth,

Your sister's heirs will be entitled for her property. They will receive her property once they file an affidavit of heirship at the county recorder's office.

Thanks

What is that new law for Aug. 2007which will allow a father to be denied part of a adult childs estate if he did not support child or he had convicted of murder

Ruth, you should contact a local attorney and he will let you know about the rule which denies the father to be a part of the adult child's estate.

my sister filed an affidavit of heirship and left me off and ommitted much of the staturoty languge in texas that say born to or adopted. can she be prosecuted. She go my brothers wives as sworn uninterested witnesses and they filed it with the county clerk office.

Welcome sandra,

You should contact a real estate attorney and take his opinion in this regard. He will go through your case and let you know whether or not you will be able to file a lawsuit against you.