• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Affidavit of heirship

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lkjohnson1962

Junior Member
What is the name of your state (only U.S. law)? texas**************.....My father-in-law passed away 2 years ago. There are 5 siblings and just went to court and received the affidavit of heirship, so they can sell the home and cars. There was a offer made on the house and all but 1 sibling agree. I need to know what happens now?? Will the majority rule over the 1 sibling?? Or will we have to go into probate now??

Thanks
Linda
 


anteater

Senior Member
Majority rule does not apply.

How much grease does the holdout sibling's palm require to persuade him/her to agree to the sale?

It may be cheaper than the alternatives.
 

garrula lingua

Senior Member
Can you file for a small estate probate ?
The affidavit of heirship is supposed to be on file for five years before title companies accept it in transfer of real estate.
To get a deed on the property, or the capacity to sell, check on the small estate process. Probate in Tx is usually pretty easy [that said, yours will probably be the exception :) ].
Why isn't one person in agreement with the sale ? If it's the price, have a real estate agent or appraiser do a reality check.
If not small estate, then full Probate - it's not that difficult a process in Texas.

PS: In many Tx counties, there is a Dispute Resolution Center, which offers mediation of disputes for free. Check your County Court's website and see if there is a DRC (I believe every civil filing fee includes a $15. charge to support this service). Is this sibling open to using a mediator to try to resolve the issue ?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top