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Wednesday, September 03, 2008

Do You Have A Question?

If you have a question pertaining to real estate title insurance or transaction closings, click on "comment" below and post your question. You may have a question regarding the closing process if you are a buyer, seller, or Realtor. Our attorney will post a reply to you here on the blog site. There are postings currently available below and more can be accessed from the column on the right.

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.