Can an affidavit of heirship be used to tranfer ownership of real estate into the name of the heirs without probating the estate

Bankruptcy and Debt 2 views 1 answers
Parent died without leaving a will. The estate was not probated. There are two heirs, one being an incapacitated person whom the other was granted guardianship. Can an affidavit of heirship be used to transfer the estate into the name of the heir who is in charge fo the estate and the other heir or does the incapcitated person have to get legal advice for their part of the estate? The estate consists of the home that the other heir resides in while the incapcitated heir lives in a group home for mentally handicaped citizens. While they do not wish to sell the property, they would like to obtain a home improvement loan.

Attorney Answer

1
Luann Trevino ·
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us. Under probate law, your interests are technically adverse to those of your incapacitated sibling. Any action taken in court to transfer the title to the property would require the court to appoint an attorney to represent the interest of the incapacitated sibling. You need a probate attorney to help you with the transfer.
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