[TX] Do I need an Affidavit of Heirship for property inherited by Transfer on Death Deed?
Does my mom need two “non-related” persons to sign affidavit or just one as per this document?
I put down mine & my siblings' maiden names… should I include our married names instead?
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So, if you already have a TODD, this can significantly simplify the transfer of that specific real property subject to the TODD, and it may negate the need for an Affidavit of Heirship concerning that specific property. However, if there are other assets at play that are not covered by the TODD, probate or an Affidavit of Heirship might still be necessary.
If needed, the Affidavit of Heirship must be signed by two "disinterested witnesses."
"Disinterested" means these witnesses should have no financial interest in the estate. These witnesses must have personal knowledge of the deceased's family history.
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Does my mom need two “non-related” persons to sign affidavit or just one as per this document?
I put down mine & my siblings' maiden names… should I include our married names instead?
Lexi, Chatbot
I understand your concern. Who is the intended recipient of the affidavit?
My mom.
Lexi, Chatbot
Have you consulted with a lawyer regarding the inclusion of maiden names versus married names in the document?
No.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your document questions.
No, just my two questions above. Ok.
Jason M. Esq.
Thank you for choosing AskaLawyer! My name is Jason and I am a licensed attorney that will be assisting you with your question. I am reviewing your question and will be providing a response. I may be researching and typing up an answer for you for up to 30 minutes; if you have not heard from me within that time frame, please check in.
Please note that my response is for informational purposes only and does not constitute legal advice nor formation of an attorney-client relationship.
Can I ask who are you submitting the affidavit to and for what purpose?
Assisting my mom with this. We do have a TODD recorded, but wanted to make sure that this document is accurate. OR… do we even need it since we have a TODD?
My father passed. No Probate started.
Jason M. Esq.
Apologies for the delay. Can you tell me what State these probate proceedings will be taking place in?
Texas, Bexar County.
Still there???
Jason M. Esq.
Hello, I am here. I will do some research for you now.
Jason M. Esq.
So, if you already have a TODD, this can significantly simplify the transfer of that specific real property subject to the TODD, and it may negate the need for an Affidavit of Heirship concerning that specific property. However, if there are other assets at play that are not covered by the TODD, probate or an Affidavit of Heirship might still be necessary.
If needed, the Affidavit of Heirship must be signed by two "disinterested witnesses."
"Disinterested" means these witnesses should have no financial interest in the estate. These witnesses must have personal knowledge of the deceased's family history.
Ok, thank you. There are no other assets that my parents have.
IF my mother chooses to sell the property prior to her death, will the TODD be sufficient when it comes to closing with only HER signature?
Jason M. Esq.
The TODD should not play a factor if she later decides to sell the property.
The TODD is a tool for transferring property upon death, but it does not limit the owner's rights during their lifetime.
Therefore, your mother would be able to sell the property with just her signature.
Thank you very much.
Jason M. Esq.
You are welcome. Please have a great day.
Jason M. Esq.
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