I inherited land and oil rights that was in a trust from my parents. After they both died, it did not go through probate by a lawyer but by the executor person that was handling the account. He said it would be less expensive this way.
It was divided evenly between the heirs. My land and mineral rights are in my name but not my wife’s. Do I need to change it to both our names or is it okay to leave as is? Also, we did not get any paperwork on the deeds. Is this normal? We have asked the executor several times and he says he will give it to us but never did.
I think the deeds are in a bank and he is still looking over them. Another question, can he borrow against and do what he wants with the land? And how can I find out if there are any liens against it?
Warren,
I’m curious about the “executor’s person” who was taking the will through probate, but I’m not going to touch that one right now. How long ago did you inherit the property - when did your parents die and when did the trust end?
If the property was taken out of the trust, and inherited by you as a part of your parents’ estate, then the property is owned by you as your sole and separate property. Because it was inherited, your wife has no interest in the property. If you decide you want her to have an interest you can execute a deed giving her an interest. If the deeds have been filed of record in the county clerk’s office in the county where the property is located, then you can go and get a copy.
The executor of your parents’ estate generally has no right to borrow against the property, because he does not own it. He has a fiduciary duty to divide and distribute your parents’ property according to their stated wishes. However, there are certain circumstances where the executor could sell the property in order to pay debts owed by the estate, or if there is specific language in the will that allows the executor to sell the property. However, because the property was in a trust, it would be up to the trustee to distribute the property upon termination of the trust.
I suggest you go to the county clerk’s office where your parents resided at their death and obtain a copy of the probates filed for your parents to see what has actually been done, as well as contacting the county clerk where the property is located to see if deeds have been filed by the trustee or executor.
As for determining if there is a lien on the land, you will have to check the county records where the land is located, and search by the executor’s name.
Erin
Warren, I’m not sure what you mean about no Probate and the “executor” person handling your parents’ account, but in Texas, intestate succession (passing of ownership by death where there is no will) can be established by an Heirship Affidavit. This Affidavit would give the life and marital history of the deceased parties, i.e. John Doe born 1/1/1900 in Acorn, Texas, died 1/1/2000 in Houston, Texas. Parents, all marriages, all children (living and dead) and the children’s marital state, etc. An affidavit filed in the counties where the mineral interest lies is sufficient to pass title and serve notice on anyone searching the records. If the “executor” has the authority to use the bank account, he/she might have the authority to transfer ownership, sell, borrow or take any other action as to property of the decedents. Of course, some people take upon themselves “authority” whether legal or not. If you are truly concerned I would recommend that you contact your local Legal Aid group and speak with them or contact an attorney in your area. Good luck and I hope this helps.