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Affidavit of Heirship

Discussion in 'Other Family Law Matters' started by Quietstorm2017, Jul 10, 2017.

  1. Quietstorm2017

    Quietstorm2017 Law Topic Starter New Member

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    Good day. My stepmother passed away early 2017. At the time she, via her son, took out a reverse mortgage. She had no will and, as far as I know, left no instructions relative to her property (estate). I and my brother and sister, have received an Affidavit of Heirship but I am NOT interested in claiming anything, nor claim to be an heir (as we have been estranged for years). My sister thinks that if we don't fill it out that we can be brought into court. I told her no way. Am I right?
  2. army judge

    army judge Super Moderator

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    You're not an heir as a stepchild anyway.
    You ARE 100% correct in advising your "sister" that she need not respond to the person sending her the affidavit of heirship.
    I suppose the "greedy" son now wishes to secure a life estate in the property.
    Not your worry, nor is it your problem.
    Let the greedy one work this out the HARDER way.

    Use the Affidavit of Heirship document if:

    A family member or spouse has passed away with no Will or instructions on how to disburse their estate and you wish to make it known that you are the lawful heir of a deceased person.

    You want to gain ownership of a loved one's estate without having to go to probate court.

    You and the other heirs are in agreement on how the deceased personal or real property should be distributed.
    An Affidavit of Heirship is a quick way for beneficiaries to establish ownership of real and personal property.

    It's generally faster because you avoid going through probate court.

    It's most often used when your spouse or family member dies without a will and leaves only real property.

    However, the Affidavit can be used when there is a Will.

    You and the other heirs must agree to the disbursement of the deceased's property.

    The document can also be used to gain ownership of funds in bank accounts and other personal property.

  3. zddoodah

    zddoodah Well-Known Member

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    For starters, the fact that you've been estranged for years is legally relevant. However, since this woman was your stepmother, and since she did not have a will, you are not an heir to her estate. Your father, if he is still alive, is an heir, as is her son. In any event, from whom did you receive this affidavit? Did it come with any sort of cover letter? Why is someone asking you to sign this affidavit?

    "Brought into court" encompasses a lot of different things, and I can assure you that you "can be brought into court" whether or not you sign the affidavit.

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