When 91-year-old Mr. Fowler, a veteran living in Smith County, reached out to Lone Star Legal Aid for help writing a will, he believed he already had Title to the home he and his late wife shared. But he hadn’t gone through probate after her death, and as he learned from our attorneys, that meant he didn’t legally own the property — and he couldn’t leave it to his children in a will. LSLA attorneys stepped in to help.
With the legal guidance of our team, Mr. Fowler completed an Affidavit of Heirship, which allowed him to establish ownership of the property five years after his wife’s passing. Then, once the home was legally in his name, LSLA attorneys helped him draft a Last Will and Testament. This ensured that his estate would be in order, and his children would inherit without complications.
“He was incredibly proactive,” said attorney Caitlin Corey. “He came to us because he wanted to make sure his kids wouldn’t have to go through a painful and drawn-out legal process just to inherit their family home.”
If Mr. Fowler hadn’t contacted Lone Star Legal Aid, his children might have faced significant challenges after his death. Without a clear Title, the property would have had to go through a complex and costly probate process. Instead of a straightforward inheritance, the estate would have been divided according to Texas intestacy laws which assign portions of the estate to each heir based on a statutory formula. This process often creates conflict among family members and can drag on for months or even years.
Now 92 years old, Mr. Fowler says he’s relieved to know everything is in place. “I wanted to get this done for my kids,” he said. “Now they won’t have to worry.”
Understanding Affidavits of Heirship and the Importance of Clear Title
When a person dies without probating their will, their property doesn’t automatically transfer, even if a will exists. In Texas, if more than four years have passed since a person’s death, their estate generally cannot be probated in court. However, an Affidavit of Heirship can be used as a legal workaround to show who inherited the property.
Once the property is properly transferred, the current owner can draft a will and make legal plans for their estate. Having both documents in place — an Affidavit of Heirship and a valid will — helps prevent confusion, disputes, and legal delays for surviving family members.
If you or someone you know needs help with wills, title issues, or estate planning, Lone Star Legal Aid may be able to help. Call us at 1-800-733-8394 or apply online at www.LoneStarLegal.org.
*Names have been changed to protect the identity of the client.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org