False Affidavit of Heirship?
is it crime against the law for a step parent to have his new wife and sister fill out an affidavit of heirship knowing that the deceased had children from a prior marriage? They knowingly filled out these forms in order to say the deceased had no other children to deny 1/4 of her estate. Any legal advice on Texas laws in this matter and what to do.
Answer:
Heirs-at-law only apply in cases where the person dies intestate (without a will).
http://www.professorbeyer.com/articles/i...
If any of the deceased spouse’s surviving descendants are not also descendants of the surviving spouse, then the community property is divided. The surviving spouse retains one-half of the community property, that is, the one-half the surviving spouse already owned by virtue of it being community property. The descendants of the deceased spouse inherit the deceased spouse’s one-half of the community property. All of the deceased spouse’s descendants are treated as a group regardless of whether the other parent is or is not the surviving spouse.
Get a lawyer and do a declaratory of accounting. I am a step child going through this same thing. My mom died in Texas without a will. My step dad and his new wife tried to get me to sign one of those. I did but, they never filed it. So, I filed mine and got two witnesses. I know how horrible it feels. However, you need to get an attorney to see if it was ever filed. And, sometimes they don't work. It is best to go to your attorney to have the attorney do what he feels is best for you.
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