What to do if I was just asked to sign an affidavit of heirship?

My father’s best friend passed away. He married late in life; his wife is deceased and had 3 step children. His deceased sister had one child who is alive and is the sole distribute. I was asked to sign this affidavit stating I have no interest in the estate as a legatee or as a distribute. I don’t mind doing that but should I see the Will?

Asked on October 15, 2013 under Estate Planning, Massachusetts


Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

In Texas, a person who is asked to sign an affidavit of heirship is most likely in a situation where the decedent (person who has died) has died intestate (didn't leave a will). So, if this situation occured in Texas, I might expect that there probably isn't a will to look at in the first place, or else something else had gone wrong. If I suspected there was a will, and that I would inherit under the will, I would consider taking steps to assure that the will was probated (submitted to a court and validated) and followed.

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