Q: Is there a way to get an Affidavit of Heirship (my deceased parents home) if my other 3 (half) siblings refuse..
Is there a way to get an Affidavit of Heirship (my deceased parents home) if my other 3 (half) siblings refuse to uphold their financial responsibilities with the home? My mother passed away in March 2018. I reside & have been taking care of the mortgage. The house needs repairs & I need to get my name added to the mortgage before things get complicated after 4 years. Will a judge grant me Affidavit of Heirship if I have been taking care of ALL of my mom's final business? At this time I wish not to sell. My percentage of heirship is more than my siblings since I'm the only child within the marriage. The debt owed outways the credit...my mom refinanced home 2015. What can I do in Dallas, Texas? They are abandoning their inheritance.
A:
You are referring not to an Affidavit of Heirship but to an Application for Determination of Heirship and Issuance of Letters of Administration. This can be awarded without your siblings' agreeing to an Independent Administration. It will be a Dependent Administration, meaning that it must be overseen by the court.
Each child inherits equally. Your inheritance is not greater than that of your siblings. But you may file a claim against the estate for reimbursement of certain expenses.
The house must be sold and the proceeds distributed equally. If one of your siblings (or half-siblings) disclaims his or her inheritance, it will pass to his or her children, not to you.
Please hire a probate lawyer practicing in Dallas County to help you. This is not a DIY project.
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