Affidavit of Heirship and deed

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Affidavit of Heirship and deed

The deed to my parents house was transferred to my brothers name. It appears an Affidavit of Heirship was used to facilitate this. The deed went from my deceased father’s name to my mother’s name then the affidavit appears in records 2 days later deed was transferred to my brother. I’m under the impression that all heirs are to be listed on the affidavits and before the deed can be transferred by an attorney the heirs would have to sign their part over or not sign at all. I have not seen the affidavits nor signed anything. Am I correct in my assumption that I am supposed to be listed as an heir. I am certain I was either not listed as an heir or my signature was forged.

Asked on June 13, 2019 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You are correct that all heirs should be notified and sign off on the document.  I would recommend having an attorney or title company draft a revised affidavit of heirship to clear up the title.  If your brother refuses to clear up the title, then you may have to file an abbreviated version of a probate wherein the title is cleared into both of your names, this probate is sometimes called a minument of title proceeding.


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