Heirship Question?

First of all, I would like to thank those for any helpful input they may provide.

Here is an example of the issue:

My friend has a parent with a mineral interest in Texas. That parent passed away leaving all of the mineral interests to my friend. My friend is married. If my friend passed away intestate would the entire mineral interest be divided between his children OR would half of the interest go to his wife and the other half be divided between the children?

Thanks for your time,


Not being a lawyer, but having been an Executor of an Estate that involved mineral property and interests in Texas, I would say the short answer is for your friend to create a Will. That will simplify matters in Probate Court. I believe in Texas the inherited interest would be considered separate property, however, if one passes away intestate then the Court will have to determine the beneficiaries. Not good. Your friend needs to consult an estate attorney.

Intestate descent and distribution:

Separate Property (by gift, will, descent or purchased with separate funds)

2/3 to children in fee, with remainderman interest of 1/3 1/3 life estate to surviving spouse.

I am posting this question here because it is the closest post I am able to find to my question at this time. I understand, via Decedent’s separate real property (TPC § 38(b)(1)): In Texas, surviving spouse gets 1/3 life estate. All separate real property will be owned outright by decedent’s children or other descendants when surviving spouse dies. Children take all equally, subject to surviving spouse’s 1/3 life estate. Does the surviving spouse still retain life estate of the decendent’s separate real property if the the surviving spouse was separated from the decedent at the time of death? I understand the language used is “life estate,” but does the surviving spouse still retain life estate of the decendent’s separate real property if the the surviving spouse remarries after the decedent dies?

I, too, and posting this question here, because I'm not sure where to go from here. My grandfather, who is deceased owned property in Hardin County, Texas. He apparently sold the property, but retained the mineral rights. All I have is the volume and page number where the deed was recorded. Any ideas how I begin to research and find out whether the mineral rights are still in effect. My father and uncle are also deceased, so my brother, one cousin, and I would be the only heirs. Thanks for any assistance I could get; I know it's a pretty complicated matter.