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Wednesday, September 03, 2008

Affadavit of Heirship

Question: Why would my mother want me to sign an affadavit of heirship to be able to sell the house my deceased step-father owned? They were married for 27 years (until he passed last April). Now she wants to sell, but says I have to sign this form.

Answer: Your stepfather owned a house in which your mother had no legal interest. He died in April, and your mother now requests that you sign an affidavit of heirship on his life. This indicates that he died without leaving a written will, but not necessarily. If the document is an affidavit of heirship, she simply wants you to verify certain facts about your stepfather's life history, although you are under no obligation to do so. Before I could answer further, I would need to have all the facts. As I do most often, I recommend that you have an attorney or some knowledgeable person explain your specific situation. Perhaps then you can understand the nature of your mother's request.

3 Comments:

Anonymous Anonymous said...

What if land is acquired and the affidavit of heirship was proven to be fraudulant

10:52 PM  
Anonymous Anonymous said...

is there a statue of limitations on a fradulent affidavit of heirship

10:53 PM  
Anonymous Anonymous said...

I am 81 and own a home. I have financial difficulties and want to take out a reverse mortgage. My wife died last Septmeber and was intestate. She had a duaghter. We owned the house jointly. The title company says that I need an affidavit of heirship before they will change the title to me alone under the reverse mortgage. I know my step-daughter will want some money from me if she knows that I am getting some from this mortgage.
Is the title company correct? I paid most of the costs of this home which we have owned since 1990.

3:27 PM  

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