diffuculty proving heirship

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sp

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Post Posted: Fri Mar 27, 2009 1:09 pm    Post subject: diffuculty proving heirship
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My father had been living with his mother when she died (TX). He was her only living child. He never put the house in his name. He died in 08, testate, with all going to me. Because the the house is still in her name, an heirship proceeding must occur.

She would be 106 if alive today. My lawyer says he may drop the case because he can't find any witnesses to testify my dad was the rightful heir. I met my grandmother twice and knew nothing of her life so have no leads (I also live out of state and receive nursing home level care) and am unable to physically go to TX.

What are the alternatives, when all her contemporaries are dead or unknown to me?

Are public notices an alternative?

If heirship couldn't be determined, does the home become abandoned?

My lawyer doesn't return phone calls or emails. I'm really desperate.
Thanks,
s
Icon Mini Profile billjames
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Post Posted: Fri Mar 27, 2009 1:18 pm    Post subject:
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Do you have any children?
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sp

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Post Posted: Fri Mar 27, 2009 2:38 pm    Post subject:
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I have no children and I am the only child of my father.
Icon Mini Profile smithsussane
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Post Posted: Fri Mar 27, 2009 10:54 pm    Post subject:
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Hi sp!

Welcome to forums!

You can try to file an affidavit of heirship at the county recorder's office and check out if you can transfer the property from your grandmother's name to your name. You can contact another attorney in Texas and check out if he/she can help you in filing this affidavit of heirship.

If you are unable to transfer the property in your name with an affidavit of heirship, then you can file a lawsuit in the local court to see if the property can be transferred in your name with the help of intestate succession.

Feel free to ask if you have further queries.

Sussane
sp

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Post Posted: Sat Mar 28, 2009 12:29 am    Post subject:
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Thanks Sussane for your response.

I think interstate succession (theory: if a is dead, then go to b. if b is, then c, etc ) also would rely on proving who is a rightful heir. The vehicle to do that is through an heirship proceedings (method: produces evidence through witnesses that c is the heir, not someone else).

Here's where the problem is, all witnesses that could testify to her marital and childbearing history are dead or unknown. Thus, it cannot be conclusively be proven that I am the rightful heir.

What are the alternatives to witnesses?

Thanks,
s
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Post Posted: Sat Mar 28, 2009 5:07 am    Post subject:
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Hi

It's very difficult to prove heirship without any witnesses or any other conclusive evidences. I think you should consult another attorney who is experienced enough to handle such issues.
martha holloway

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Post Posted: Wed Feb 16, 2011 7:22 pm    Post subject: succession
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Recently found out that my Grandmother owned land in Texas. I have gathered documents such as death and birth certificates on my Mom, Dad and siblings. There was no property or monies from my parents. I understand that I will need succession papers to complete my heirship. I do not know where to start. Can you please advise
Martha
Icon Mini Profile smithsussane
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Post Posted: Thu Feb 17, 2011 12:25 am    Post subject:
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Hi martha!

Welcome to forums!

You will have to contact a real estate attorney and he will help you in getting the required documents in order to complete the heirship process.

Feel free to ask if you've further queries.

Sussane
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