# Minerals for my kids
**URL:** https://www.mineralrightsforum.com/t/minerals-for-my-kids/59254
**Category:** Texas Mineral Rights
**Created:** [October 12, 2020, 9:13am UTC](https://www.mineralrightsforum.com/t/minerals-for-my-kids/59254 "2020-10-12T09:13:02Z")
**Posts on this page:** 5
**Page:** 1
### Author:  [@blubird518](https://www.mineralrightsforum.com/u/blubird518)
#### Post date: [October 12, 2020, 9:13am UTC](https://www.mineralrightsforum.com/t/minerals-for-my-kids/59254/1 "2020-10-12T09:13:02Z")
My children’s father passed. He had mineral rights in Texas. Do the mineral rights get passed down to my children? His mom says she gets it. No will.
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### Author:  [@Robert05](https://www.mineralrightsforum.com/u/Robert05)
#### Post date: [October 12, 2020, 12:31pm UTC](https://www.mineralrightsforum.com/t/minerals-for-my-kids/59254/2 "2020-10-12T12:31:17Z")
You will want to talk to a lawyer. Texas law provides for “intestate succession” when a person dies without a will. If the person is not married at time of death, the property should pass to children.
Look here:
> **[Texas Constitution and Statutes](https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm)**
Under Estates Code 201.001: (a) If a person who dies intestate does not leave a spouse, the estate to which the person had title descends and passes in parcenary to the person’s kindred in the order provided by this section.
(b) The person’s estate descends and passes to the person’s children and the children’s descendants.
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### Author:  [@ColoradoSlim](https://www.mineralrightsforum.com/u/ColoradoSlim)
#### Post date: [October 12, 2020, 6:37pm UTC](https://www.mineralrightsforum.com/t/minerals-for-my-kids/59254/3 "2020-10-12T18:37:55Z")
There are a few factors that go into this, but if your kid’s father died married to someone else, 2/3 would go to the children, and 1/3 would go to his remaining spouse in a life estate. When she dies her 1/3 will go to the kids. If not married at the time of his death, 100% to his children.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [October 12, 2020, 8:50pm UTC](https://www.mineralrightsforum.com/t/minerals-for-my-kids/59254/4 "2020-10-12T20:50:32Z")
Great answers but ultimately you need to get a Texas attorney.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [January 10, 2021, 9:13am UTC](https://www.mineralrightsforum.com/t/minerals-for-my-kids/59254/5 "2021-01-10T09:13:07Z")
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