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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7455
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Is my husbands brother in law related to my father

Customer Question

Is my husbands brother in law related to my father
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.
My goal is to provide great service - if you have any questions, please ask. A follow up consult with a personal attorney is always recommended. A few minutes please as I verify some information.
Is this for determining intestate succession - ie if a person passes without a will)?
Customer: replied 1 year ago.
It's for an Heirship Affidavit , my Mother is selling her home owned by both, Mother and Father. My Father died 4years ago, there is a will, it was not probated. The Heirship Affidavit requires two witnesses that are not related to my parents, who have known them for at least 10 years. I would like to know if my husbands brother in law is considered related to my Father
Expert:  LegalGems replied 1 year ago.
Thank you for that clarification (and for your patience while I reviewed the estate codes). That helped pin down the relevant statute.
Estate statute 203.001 addresses (and is titled) NONJUDICIAL EVIDENCE OF HEIRSHIP.
Statute 203.002 sets forth which individuals can be an affiant for such purposes; basically the individual must know of the decedent, be familiar (and able to identify) with family members, and must not personally benefit from the transaction/estate. The code, along with the statutory heirship form, is located here:
http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.203.htm
Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
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