"Decree of Descent" - Wyoming, Converse County

Deceased resided in Texas at time of death; Will probated, executor named; Will provided that “mineral rights only, to any real property I own located in New Mexico and Wyoming” were bequeathed to named individual “for life”, with remainder to another family member upon the death of the first named individual. First named individual signed an Assignment of Interest and Conveyance to Energy Company in Denver; Assignment recorded, Decree of Descent subsequently entered by District Court in Converse County.

First named individual has died, second family member is questioning the validity of the conveyance by first named. Thoughts? Suggestions?

In some states, if the “remainderman” did not execute the Assignment, the conveyance was terminated upon the death of the Testator and the Energy Company in Denver owns nothing.

You need to check the statutes in Wyoming or contact a Wyoming attorney versed in land title law.

You need to obtain a complete copy of the probate proceeding in Wyoming and take those documents, together with a copy of the assignment to an experienced Wyoming probate or real estate attorney.

Interesting. In Texas, a life estate owner can only convey what they have, i.e., a life estate, and when the life estate owner dies, their grantee’s ownership ends. This definitely calls for the assistance of an attorney in New Mexico and Wyoming.

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