My siblings and I inherited mineral rights on 640 acres in Gaines County Texas when our father passed away. An oild company is interested in drilling. Our father had re-married after his divorce some 25 years ago (our step-mother). Our step-mother receives 50% of the bonuses and royalties and my siblings and I split the other 50%. Does anyone know who would rightfully/legally recieve our step-mother's 50% when she passes?? The 640 acres ownership origonated from our fathers grandfather.
Thanks very much
Richard Cozby
Lincoln City, Oregon
rcozby1950@charter.net
Perhaps the person(s) designated in your step-mother's will.*
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* You didn't mention any special provision in your father's will of the benefits of the mineral rights being enjoyed by your step-mother only during her lifetime and the mineral rights not being part of her estate upon her death.
I agree with David. The minerals would go to her designated heirs unless your father set up, in his will, a lifetime trust for your step-mother whereby she receives the royalties until her death, and then, at that time, they would automatically be transferred to you. If she dies intestate, that could be another matter if she owns the minerals outright. In that case, if she has children of her own, the minerals would would probably go to them.
To die intestate is to die without leaving a will. Intestate succession laws vary from state to state, you need to find out what the laws say in the state in which your father died. I hope this helps.
Richard, it would depend on if she died testate, or with a will, or not.
If she died testate the heirs named in her will will inherit the interest.
If she died intestate, then the interest will pass under what is called descent and distribution
as dictated by the state.
Dirk
What do the records on file with Gaines County indicate in regards to the ownership of mineral rights on the 640 acres?
Richard Cozby said:
My siblings and I inherited mineral rights on 640 acres in Gaines County Texas when our father passed away.
Richard Cozby said:
At this point we (the children of our father) are just trying to establish that we are heirs and deserve our entitlements. Our mother in law is not healthy and is not telling us much. So we're just trying to figure out what might be ours to claim. Our mother in law has received $32,000 which she's spent. Half was to go to the children of our father but she kept us hidden (so to speak).