Who ownes the mineral/royalty

#1

I got an apprisal notice I owned some mineral/royalty's but I needed to fill out an Affidavit of Heirship before I could get the money. My guess it's from my great, great granddad's land. But my question is where it talks about who has a will and they do would'nt it go to the person/persons in the will that that they name.

#2

That will depend on the state in question. Some states, such as Kansas, have a statute of limitations on presenting a will for probate. If the will is not presented within a couple of years from the date of death, then the will can no longer be probated and the Decedent will be deemed to have died without a will - intestate. Other states, such as Oklahoma, do not have this limitation and a will can be presented for probate despite the lapse of time. However, quite often, even though a will gives the interest to one specific individual, charities excluded, it is usually a spouse or children who end up with the majority of the interest. Are you running into specific problems with the affidavit and/or heirship?

#3

this is texas. my grandmother gave eveything to her nephew in the will, so us grandchildren will get nothing right? the will was probabted, but he did not list the minerals because he didnt know they excisted. this is over 10 years ago she passed. needless to say he drove her to an attorney and they made out a new will 8 months before she died. us grandchildren did not know untill it was to late. no, we did'nt contest the will because he had already got everything before she died. now these minerals has came up and we don't want him to get it. my granparents had one son our dad and he passed before them so us grandchildren are next in line. sorry to put this out there but i'm sure I don't have the only family that steals from family members. so the question i'm trying to ask is if I fill out that affidate of heir and put she has a will and he is the executor of it he will get the royalities ? if so I want fill out nothing and let it set there in no mans land

#4

It really depends on how the will was constructed. Does the will contain a residuary clause? Have you been approached to lease?

#5

I have not been approached to lease. I don't know what a residuary clause is

#6

Since such a long time has passed, you will not likely be able to contest the will. However, there are a few possible legal issues working here that would take a long time to address on a message board, so I suggest that you seek a Texas attorney's advice (most importantly, was you dad an omitted heir). If you grandmother gave everything to her nephew, then a residuary clause will likely be the only clause distributing her interest through the will. A residuary clause is a clause in the will that distributes of all property not otherwise distributed through another provision.

#7

my dad died before his parents. He was the only child. I did not see a residuary clause but E. under disposition of estate says. Any other property of mine that has not been disposed of under any other provision of this Will shall go and be distributed to my heirs-at-law. Their identiry and respective shares shall be determined in all respects as if my death had occurred immediately following the happening of the event requiring such distribution, and according to the laws of texas then in force governing the distribution of the estate in an intestate.

closed #8