Legal Question in Real Estate Law in Texas
Intestacy state laws
If a person owns mineral interest in Texas, but dies intestate in Tennessee, which state laws of descent and distribution are used?
2 Answers from Attorneys
Re: Intestacy state laws
Under Texas law, it depends where the person called home. For example, if he lived in Tennessee, Tennessee law applies. If he was just visiting, but his home was in Texas, then Texas law applies.
Make sure you get an answer from a Tennessee lawyer too - this answer is only from a Texas law perspective.
Re: Intestacy state laws
This simple question actually has a complicated answer. If the interest is real estate, which I suspect to be the case, transfer must take place through a Texas probate. At that point it becomes a matter of Texas conflict of laws decisions. I presume the answer from the Texas lawyer is pretty authoritative in that regard. Because real estate interests must be probated in the State in which the real estate interest is situate, Tennessee will only matter if the Texas courts look to Tennessee's intestacy laws as a matter of its conflict of laws law.
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