Q: Please help me
My mom and step dad passed away and they own a house. They left no will and they owed back taxes. I have been paying 500 monthly on them. Was told that more taxes will be added next month because the homestead will fall off. I think i am going to do a affidavit of heirship but I dont know why they need to know my parents siblings. We are biologically my mom and my dad had no kids of his own, he raised us. My dad dies first. I need some advice on what to do??? I am stressed out!!
A:
If your mother and stepfather left property in California, please repost under California probate. While California and Texas (where I practice) are both community property states, the rules are a bit different.
Please also make sure that you want to file an Affidavit of Heirship, which Texas courts will not enforce until after it has been on file in the deed records for five years, and not an Affidavit of Small Estate, which can pass a home, personal property up to $60,000 and other assets up to $75,000 if there is no Will, no debt not secured by real estate and all the heirs sign and promise to pay any debts. From your description it appears that you might be looking at the Affidavit of Small Estate form: it asks for siblings -- but notes that this must be provided only if there are no surviving spouse, children or parents.
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