Client Story – Hal and Nelly Pauls’ Problem

A few weeks ago, I got a call, and later a visit to my office in Katy, Texas, from Mr. and Mrs. Pauls from Humble, Texas. Mr. Pauls parents had passed away recently without a will. His parents did not own any significant assets other than a piece of land. Mr. Pauls and his wife wanted to get a manufactured home on the property, but they needed to prove ownership to get financing. The problem was that the property records and Harris County CAD still showed his parents as the owners. My first question, do you have any siblings? Mr. Pauls had a single brother. I explained that he and his brother would inherit the property 50/50 and asked if he was willing to buy his brother’s 50%. He told me his brother was willing to give it to him for free. Perfect!

I informed Mr. Pauls that we could completely avoid probate and solve his problem quickly and cheaply through the magic of something called an affidavit of heirship. Or in this case, 2 affidavits of heirship, one for mom, one for dad.

What Is an Affidavit of Heirship?

An affidavit of heirship is a quick and dirty way to be able to transfer a family member’s property rights without a more costly and lengthy probate. An affidavit of heirship is a sworn written statement, signed under oath, that sets forth the facts that are needed to determine the heirs of a deceased person. It is commonly used in Texas when someone dies without a will, and their only significant asset was property.

Because the affidavit avoids probate litigation, it is fast and cheap. For families whose only concern is clearing title to a home so it can be sold, refinanced, or formally held in the heirs’ names, an affidavit of heirship is the solution to your problem.

Who Signs It?

The affidavit is signed by two disinterested witnesses — people who knew the decedent and the family well but will not inherit anything from the deceased. Long-time friends, neighbors, coworkers, or distant family members without an inheritance interest are common choices. You’re going to want to stay away from people who arguably have an interest, like the spouse of an heir.

How did Holtsclaw Law solve Mr. and Mrs. Pauls’ title problem?

First, we had Mr. Pauls answer a questionnaire that gathered the relevant information about his parents’ marital history and children. Then we assembled the affidavits for the two witnesses who had known his parents and who did not stand to get any part of the estate. We then had those witnesses execute the affidavits and we recorded them in the Harris County, Texas property records. The final step was to have Mr. Pauls, and his brother execute a deed to Mr. Pauls and his wife and again we recorded it in the Harris County, Texas property records. Problem solved!

What Can Holtsclaw Law do for you?

If your family has passed away and left you with a property, we can assemble the Affidavit of Heirship. After making payment for this service, you will provide us with the names of the witnesses, and the relevant information for the deceased, and then we will draft the affidavits. Once the two witnesses notarize the affidavits, we will record them in the County property records. Then we will provide you with a copy of the recorded Affidavit of Heirship which you can use to either get the property into your name on the CAD records and/or give it to the title company to sell the property. This can be done within just a few days if necessary. Contact Holtsclaw Law immediately at 281-895-3033 to get this process started.

Disclaimer – This is a true story, however the names and details have been altered to protect the privacy of the client.