Full question:
My mom left no will, but stated that she wanted my sister to stay in the house. Taxes are due, my sister is diabled, so she would get a exemption. The tax office wants me and my brother to sign an affadavit of heirship. What does this mean if we sign this form? Are we giving up our rights to the property?
- Category: Courts
- Subcategory: Legal Definitions
- Date:
- State: National
Answer:
An affidavit of heirship identifies the heirs of a deceased person but does not determine their inheritance rights. When someone dies without a will, the distribution of their estate is governed by state intestacy laws. In Texas, for example, the estate typically passes to the deceased's children and their descendants first. If there are no children, it goes to the parents, then to siblings, and so on (Tex. Est. Code § 38).
By signing the affidavit, you and your brother are acknowledging your relationship to your mother and stating that you are her heirs. However, this does not mean you are giving up your rights to the property. Your rights to inherit will still be determined by Texas intestacy laws, which dictate how the property will be divided among heirs. If your mother wanted your sister to stay in the house, you may want to discuss how to facilitate that while also addressing the tax obligations.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.