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I live in Texas. My house is currently under contract to…

Customer Question
I live in Texas...

I live in Texas. My house is currently under contract to sell. My wife passed away 2/14/17. I filed Affidavit of Heirship with the county listing no heirs. Should I have listed myself? I Was the affiant filing.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: What documents or supporting evidence do you have?

Death Certificate

Submitted: 8 months ago.Category: Estate Law
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Answered in 7 minutes by:
9/29/2017
Estate Lawyer: LegalGems, Attorney replied 8 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,017
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 8 months ago

I'm sorry to hear of your loss; what is your legal question please? Are you trying to determine if you can list the home for sale?

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Customer reply replied 8 months ago
I live in Texas. My house is currently under contract to sell. My wife passed away 2/14/17. I filed Affidavit of Heirship with the county listing no heirs. Should I have listed myself? I Was the affiant filing.
Customer reply replied 8 months ago
Am I considered an heir if I was married to the deceased?
Estate Lawyer: LegalGems, Attorney replied 8 months ago

Thank you; actually the affidavit is to be filled out by a neutral third party; not an heir;

https://comptroller.texas.gov/forms/53-111-a.pdf

A spouse is an heir- in fact they are the primary heir.

A third party would need to resubmit a form naming the heir (surviving spouse) to rectify the improper filing.

A realtor should be able to help ensure this gets recorded.

All of this can be confusing after dealing with the death of a spouse so mistakes are not uncommon.

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Estate Lawyer: LegalGems, Attorney replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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