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What Is An Affidavit Of Heirship?
IBy Kathleen Cassidy Goodman, PLLC
the age of the deceased person, the task of finding two individuals who knew the deceased person may be difficult.
The Affidavit of Heirship does not transfer title, it is evidence that title was transferred to an heir by operation of law. Title companies have discretion whether they will accept the Affidavit of Heirship. But after an Affidavit of Heirship has been on file with the County for five years, it becomes prima facia evidence of the heirs.
Frequently, an Affidavit of Heirship is used when generations of family members have lived in the family home. The grandparents purchased the home, then they died and other family members moved in without transferring the property. In this situation, an Affidavit of Heirship is the method used to allow the surviving family members to sell the home. Generally, an Affidavit of Heirship should not be used if the deceased person has a large or complicated family history.
Kathleen Cassidy Goodman
is an attorney in areas of estate planning, probate, civil litigation, and business law. She can be reached
at her office in Helotes at (210) 949-1000 or for more information, visit www. bexarlaw.com
Thanksgiving. Knowledge of the forecast may spur travelers who are driving to change their travel dates so they aren’t caught in storms. Those who intend to fly may not have such flexibility, but it still pays to know the forecast. If a storm is coming, air travelers can give themselves extra time to get to the airport or even book rooms at airport hotels so they won’t have to drive to the airport during a storm.
The 2021 Thanksgiving weekend figures to be both busy and unique.
n Texas, an Affidavit of Heirship is generally used when a property owner dies without a Will, a Transfer on Death
Deed, or Life Estate Deed. But sometimes, even if the person who passed away had a Will, an Affidavit of Heirship may be a less expensive alternative to probating the Will. If there is a Will, an Affidavit of Heirship may only be used in limited circumstances, specifically, when the heirs are the same as the beneficiaries under the Will.
For example, if all the children of the deceased person are also children of the surviving spouse, and the Will states that all the deceased person’s estate passes to the surviving spouse, then an Affidavit of Heirship may be used. An Affidavit of Heirship contains facts about the family history of the deceased person and is used to provide documentary evidence of the heir’s title to real property. But this method is not conclusive evidence like a judicial determination.
The downside to using the Affidavit of Heirship method is that you would need to find two disinterested witnesses who have personal knowledge regarding the deceased person’s family history. The witnesses must swear in writing under the penalty of perjury about the deceased person’s family information. Depending on
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minute cancellations, which may increase the likelihood that travelers’ luggage is lost or temporarily misplaced. By packing just a carry-on bag, travelers can ensure they have everything they need when they arrive at their destination.
• Check the weather forecast. Extreme weather has become the norm as the effects of climate change continue to become more apparent. Late November has not traditionally been a stormy season in many parts of North America, but it’s still important that travelers stay abreast of the weather forecasts on and around
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Kathleen Cassidy Goodman, PLLC
12274 Bandera Rd., Suite 222, Helotes, TX 78023 210-949-1000
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Over 20 Years of Legal Experience www.BexarLaw.com
November 2021
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