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Would a small estate affidavit approved by the court in Texas work for me to be able to receive stock option of deceased husband

Borger, TX |

I'm not probating the estate of my husband,instead, I'm doing an affidavit of heirship through a lawyer The stock company has informed me that most probably the affidavit of heirship will most likely not provide the requisite evidence regarding the authority to exercise the Outstanding Options which will be near $8,000.00This letter also states that a court order establishing statutory heirship or letters testamentary or letters of administration issued by the court may provide the evidence required..My husband had a will that was deemed null & void because of the lack of having 2 witness signatures instead of the 1 signature it contained.My family and myself know what his wishes were regardless of his will being deemed invalid because of containing only 1 signature.

Attorney Answers 3


  1. Not an immigration question - I've updated your categories so you can get some assistance from the probate attorneys.


  2. Not an immigration question. Please repost in correct category so that you get meaningful answers.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. You should talk to your current lawyer about this. You wouldn't do an affidavit of heirship or heirship proceeding and a small estate affidavit, it would be one or the other.

    I believe you may be confusing affidavit of heirship with an heirship proceeding, but not sure. An affidavit of heirship is done outside of court and is filed in the county deed records. After five years the information in the affidavit regarding heirs of the decedent is presumed to be true. An heirship proceeding is done in court and is a judicial determination of the heirs. Then usually you would apply for administration and have letters of administration issued.

    Using a small estate affidavit is not ideal for transfer of stocks because generally they are met with resistance by stock transfer agents. For transfer of stocks, the most accepted method of transfer is an heirship proceeding and then application for adiministration and issuance of letters of administration. The letters are what transfer agents want to see.

    I hope this is helpful. Since you are already paying a lawyer, you should get your moneys worth and ask him/her to explain things to you and communicate with the appropriate persons regarding the stock.

    This answer contains general information. None of the information contained in this communication is intended as legal advice. You should neither act nor refrain from acting based on information obtained from the exchange of messages on this website. None of the information contained in this answer is privileged or confidential. You should retain an attorney to provide legal advice regarding this issue. Newill Law Firm provides estate planning and probate services. Call (210) 383-0546 for a FREE initial consultation.

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