Q: If a property qualifies for an heirship affidavit, why would an attorney say that it can't be used?
I've asked several different attorneys and all of them say that it can't be used but will not give a reason why. Why does the heirship affidavit exist if no one is able to use it?
A: There may be specific reasons why an Affidavit of Heirship cannot be used in your particular situation, possibly including not having all the right people available to sign or the refusal of the title company to accept it. One reason why an Affidavit of Heirship should not be used is that it will not be enforced by the courts for five years.
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