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Why is a Numident not used in probate proceedings in Texas as proof of heir ship?

Katy, TX |

The illigitimate daughter of the decedent is identified on the Numident and the oil company refuses to accept it as proof of heir ship . We would like the R.C.C to give an opinion on this matter.

Attorney Answers 3


I could understand how the Numident system and the application for a Social Security would be helpful in a court's determination of a person's heirs, but neither are a substitute for that judicial determination of heirship. Nor, for that matter, is the RCC or any oil company in any position to accept anything less than what the Texas Probate Code requires in matters of heirship.

If an illegitimate child seeks a determination of his or her status as the lawful heir of a decedent, that child's sole recourse lies within the requirements set forth by the Texas Probate Code. An affidavit of heirship, or a judicial determination of the same are par for the course.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

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So paternity was never acknowledged or established?

Mr. Thomas gives consistently excellent advice and is in your state. If he is in your area, call him for help with the probate code. If not, use the web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

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Is there a Will? If not you have strong evidence in a potential determination of heirship proceeding.

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