I have a question regardng your statement regarding communitized property no longer being separate in Texas. A lady that I knew remarried a man who owned a large ranch, which was his separate property. She lived with him in that home and upon his death, his two children by a prior marriage inherited the ranch, house, cattle, and all his money. He left his wife $1,000 after 10 years of marriage. She had a life estate in the homestead since I understand that Texas law says that you can't kick out a surviving spouse out of the deceased spouse's home, even if they have no interest. The man's estate got her to waive her life estate right to live in this house so that could sell the ranch, but in turn bought a house in town for her to live in that was held in the childrens' names. His estate was still considered his separate property or did someone hoodwink her?
Rocky Arrell said:
I'm not an authority on ND property law, but often the basics are common across state lines: in the case of separate-owned property, often the non-owner spouse may join in signing of the OGL as a matter of identity to the mineral owner spouse ... signing of a lease/easement, etc. does not confer title. Also, though, at least in Texas: if a re-married couple occupy as their homestead what was one's separate property, then they've communitized the ownership of the property and it is no longer separatley-owned property of one spouse exclusive of the other. There should be explicit language in your mother's Last Will & Testament to address the succession of her separate-owned minerals. Likewise, she can make whatever disposition of the minerals as she may desire.