Legal Question in Wills and Trusts in Texas
Gift deed
my husband has a gift deed of a track of land that is to pass to his children after his death. He has the right to sell it or lease it or ect during his life time. He wants to will it to me along with the mineral rights untill my death then will it to his children after my death to make sure that I am being taken care of. He receives a oil and gas check of his land. Can he will it or the mineral rights to me? The track is out of a 250 acre ac. track and on the check it is in an estate.
2 Answers from Attorneys
Re: Gift deed
I understand that your husband received a tract of land by gift deed. He can will the property and the income to you in trust for the children who would then inherit the property on your death. You could not make any transfer of the property other than perhaps an assignment of the income only until you die.
Re: Gift deed
The mineral rights can be separated or "severed" from the surface rights. One alternative would be for your husband to convey (or record a deed for) the mineral rights into both you and him jointly as "joint tenants with right of survivorship." You will need the correct form. Then, when the 1st of you dies, the survivor could record the decedent's death certificate in the real property records and title would be vested entirely in the survivor without having to go through probate.
However, to answer your question, yes, the mineral estate, either as a life estate or in its entirety, can be willed to you and the fee estate can be willed to his children.
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