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Who qualifies as an "Affiant" for filling out a "Affidavit of Heirship"?

Palestine, TX |

My mother is trying to claim unclaimed money that was in her deceased father's name (found on One item that needs to be completed is the Affidavit of Heirship, but by a disinterested party. Since I, the grandson, have no interest, only my mother, do I qualify as Affiant?

Attorney Answers 3

  1. Best answer

    The "Affiant" is the one swearing under oath that they have personal knowledge of the facts stated in the affidavit. This cannot be the person who inherits. You qualify as "disinterested". But, if you don't have personal knowledge of the facts, you can't swear that they are true. If you make a false statement under oath, it is a crime.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

  2. See Texas Probate Code Ch. 48, et seq: Section 52 provides a guideline.

    John Zgourides

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  3. It is important that you have personal knowledge of the facts since you are swearing to them under oath. You should be a disinterested party for the purpose of this affidavit since you have no beneficial interest in the money.

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