How do you get minerals out of a trust that expired because it’s been more than 21 years since the person who created the trust passed away? Does it automatically flow to the blood relatives? Would an Affidavit of Heirship be sufficient in Texas?
The trustee of the trust would need to convey the property to the persons who were the beneficiaries on the date of termination. If there is no current trustee, the trust agreement or the will creating the trust needs to be reviewed to determine if a successor trustee is named or the procedure for appointing a successor trustee if there is no named successor trustee. If the instrument creating the trust does not have a procedure to appoint a successor trustee, a person interested in the trust will need to file a petition in a court that has jurisdiction and venue over the matter. The reference to 21 years for terminating the trust may not be accurate if there were persons in addition to the grantor who were named as measuring lives for purposes of determining when the trust terminates. You will need to hire an experienced trust attorney to review the document and advise you.
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