Q: How do you claim heirship when there wasn't a will in probate?
My Mother passed away in 1994. I was told there wasn't a will but 1/2 of the property(2 acres) was mine. My step dad remarries (same name as my mom) and 30 days later he passes away. I didn't hear about that for a year. I'm wondering if I can resection the property or if I have any rights at all. Thanks for your input.
A: When someone dies without a Will, an heir can file an Affidavit for Determination of Heirship and Letters of Independent Administration -- within four years. If all that is in question is one piece of real property, two witnesses who know the family history can sign an Affidavit of Heirship before a notary public. It must be recorded with the deed records of the county clerk where the property is located. An heir or group of heirs who are entitled to at least 20% of the property can then file a Suit for Partition. Ask a local probate attorney for help.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
