am i an heir

UPDATED: Oct 1, 2022

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am i an heir

Am I considered an heir if I was raised by my grandmother and lived with her until I became an adult. She died without leaving a Will. She had a Will that was never signed because her daughter never took her to get it signed and in the draft she mentions that she wanted me to get as her biological children. There has been a Affividat of Heirship filed but when I recently found out the trust company had no knowledge of my existence, there is a paragrah that states if she had adopted any children or did she raise any children that were not hers, the person who signedmy auntsigned that there were not any, this is false I lived with her until I was 19. What can I do? I don’t have a lot of money to hire an attorney and I know that the house has been sold for almost a million dollars and I was also told by the title company that it could not be sold without my signature so I don’t understand.

Asked on May 21, 2018 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there is no will, then nothing else she said or wrote or indicated matters: only a properly signed and witnessed will controls who inherits when someone dies. In the absence of a will, the estate will pass by "intestate succession," or the rules for who gets what when there is no will. If you grandmother had no living spouse when she dies, her children--i.e. her daughter--inherit everything. Only biological or adopted children inherit: having been raised by your grandmother does not make you her child for this purpose, and so you will not inherit (i.e. you are not an heir).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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