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Affidavit of heirship

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Icon Mini Profile gsusavz





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Post Posted: Fri Dec 05, 2008 4:58 pm    Post subject: Affidavit of heirship
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my mom died without a will in El Paso County Texas. I am her only child and she was not married. Can I transfer title with an affidavit of heirship?
Icon Mini Profile smithsussane
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Post Posted: Fri Dec 05, 2008 8:53 pm    Post subject:
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Hi gsusavz!

Welcome to forums!

Yes, you can definitely file an affidavit of heirship in the county recorder's office and get the property transferred in your name. If you want, you can also take the help of an attorney.

Feel free to ask if you have further queries.

Sussane
Icon Mini Profile jheard
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Post Posted: Sat Dec 06, 2008 10:25 am    Post subject:
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No. You must prepare and file an Affidavit of Heirship with the county Probate Court. A judge will sign an order giving you title to the property.
Consult with a local probate attorney or check with the court clerk's office about the procedure.

_________________
Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
S. White

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Post Posted: Sun Feb 15, 2009 9:20 am    Post subject: Affidavit of heirship
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My mother died without a will. She was married to my stepfather. The property consisting of a home and business remain in her name. An Affidavit of Heirship was filed in 1995. Our lawyer tells us that the property is mine. (We live in TEXAS) Your opinion?
Icon Mini Profile jenkin7
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Post Posted: Mon Feb 16, 2009 2:52 am    Post subject:
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Hi S. White,

You've mentioned that the property remains in your mother's name. But, did your mother ever quitclaim it to your stepfather? Do they hold the title together?

If the answer is 'no', then your lawyer is correct. After your mother's death, you are the owner of the property now.
THEO

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Post Posted: Wed Apr 22, 2009 6:12 pm    Post subject: HEIRSHIP
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MY GREAT GRANDMOTHER LEFT NO WILL AND I HAVE HAD A HOUSE ON UNDIVIDED PROPERTY FOR 17 YEARS. WHAT IS MY LEGAL RIGHTS
Icon Mini Profile savior70





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Post Posted: Fri Apr 24, 2009 7:34 am    Post subject:
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Hi

Is the property still in your grandmother's name? If so, then you should have filed an affidavit of heirship with the probate court so the title could have been changed in your name. If your name is not on the title, you may face difficulty if you want to sell the house or take a loan against it in future.
jimmy cren

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Post Posted: Sat Jun 13, 2009 6:52 am    Post subject: quitclaim
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my mother passed and quitclaimed her home to me im in texas i have three brothers also who are not mentioned on the quit claim do they have any interest in this property i wanna sell it do they have to sighn off on anything
suzie

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Post Posted: Thu Jun 18, 2009 7:13 am    Post subject: affidavitt of airship
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can i find an affidavit of heirship on line and print it. i don;t know where to get one.
Lilia

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Post Posted: Tue Jul 28, 2009 12:45 pm    Post subject: affidavit of heirship ir quick claim deed
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My father died 2 months ago, my mother consulted an attorney over the home they both owned the attorney told her she needed a quick claim deed; when I called the county's clerk office they told me she needed an affidavit of heirship. We are confused which document does she really need?
Icon Mini Profile sara
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Post Posted: Wed Jul 29, 2009 1:50 am    Post subject:
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Hi,

To suzie,

I don't think an affidavit of heirship form is available online. It would be better if you could contact your county recorder's office for it.

Hi Lilia,

As your father is deceased, your mother would require an affidavit of heirship in order to transfer the property in her name. A deceased person cannot sign a quitclaim deed to transfer the property.

Take care.
Debra P.

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Post Posted: Fri Jul 31, 2009 2:37 pm    Post subject: Affidavit of Heirship & Quit Claim Deed
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My father passed away, but did not leave a deed. Being that I am the only child, I was told by the recorder's office the I would need an affidavit of heirship. Do I also need a Quit Claim Deed in addition to this document?
Debra P.

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Post Posted: Fri Jul 31, 2009 2:40 pm    Post subject: Filing a Civil Suit
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What is the statue of limitations on filing a civil suit, in the state of NV?
Icon Mini Profile jameshogg
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Post Posted: Fri Jul 31, 2009 11:39 pm    Post subject:
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Hi Debra,

You can simply file an affidavit of heirship in the county recorder's office and transfer the property in your name. You don't have to file a quitclaim deed again. As far as statute of limitations in Nevada is concerned, for written contracts it is 6 years and for oral contracts it is 4 years.

Thanks
Icon Mini Profile williamdona2001





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Post Posted: Sat Aug 01, 2009 9:16 am    Post subject:
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quit claim deed will not work. you need to submit death certificate along with affidevit of heirship to claim ownership on property.
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