I have inherited some Mineral interests in Texas from our late Father (first wife deceased). Landmen are interested in the tracts and we are close to striking a lease deal but have some questions about the entitlement of any proceeds from the land.
Prior to his marriage my Father had a Texan will in place leaving the Mineral rights to me. An English will was also in place but under English law all existing wills are revoked upon marriage.
A new English will was prepared after the marriage but the Mineral interests in Texas were not mentioned as it was thought at that time that the rights were valueless! According to this will, the residuary of my Father’s estate is currently held in trust whereby the wife gets the income for lifetime and the capital is passed to me upon her death.
So the questions are…
Does Texan law have a Civil element whereby I would have entrenched rights as an heir and would be entitled to the mineral rights irrespective of the provision of the English Will?
Is my Father’s English will recognised under Texan law as taking priority over both the earlier Texan will and over any Texan forced heirship rights?
Are there any specific rules in Texan law allocating mineral royalties between income & capital?
I really hope someone can help me with this. If there was a definitive position, my life would be just SOOOOO much easier.