Legal Question in Real Estate Law in Texas

Real Property Law

My father whom lived in California passed away without a Will. He had property in Texas that was heired to him as seperate property by his mother ( I believe this was done before his third marriage) The property has oil and mineral rights. And he was receiving dividend checks before his passing. Who is entitled, and what percentage to the property and mineral rights? He was survived by a third wife whom he had a minor child currently17 yrs old. My sister and myself are from my fathers first marriage, and we are both adults. I have already filed a heirship of affidavit in the county where the property is located and per the oil company I had to refile because they said my sister could not witness the affidavit because she was not a disinterested party. Is that true? Also is their a difference between legal owenership and legal usage? Does this apply in my situation?


Asked on 2/26/08, 4:16 pm

1 Answer from Attorneys
Kathryn Perales PMI Oil Tools

Re: Real Property Law

It is true that an Affidavit of Heirship should be signed by a disinterested party. We usually try to find an old family friend, or perhaps a cousin, or aunt or uncle, or sibling who does not inherit. The more tenuous the family relationship, the better. You should have two Affidavits of Heirship signed by two separate people.

Since the real property is considered separate property, the current widow is going to receive a life estate in 1/3, and the rest will go to his children in equal shares. After the widow dies, the three children own the entire real estate interest in equal shares. I'm not sure whether this addresses your question about legal ownership and legal usage. These are terms we don't often use in Texas.

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Answered on 2/26/08, 5:37 pm


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