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

Asked about 1 year ago - Palestine, TX

My mother is trying to claim unclaimed money that was in her deceased father's name (found on claimittexas.org). 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. Orsen E. Paxton III

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    Contributor Level 17

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    Answered . 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. John Gus Zgourides

    Contributor Level 17

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    Answered . See Texas Probate Code Ch. 48, et seq: http://www.statutes.legis.state.tx.us/Docs/PB/h.... Section 52 provides a guideline.

    John Zgourides
    www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Steven John Clausen

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    Contributor Level 16

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    Answered . 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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