Legal Question in Wills and Trusts in Texas

Use of the word "leave" suggests that your grandmother had a will.

However is she had no will, her interest in the minerals passes under the texas laws of intestate succession.

Applying this law depends upon several facts. Primary among these facts is whether the minerals were separate or community property. Separate property is property that was acquired before marriage, or by gift or by heirship or devise. Finally is separate property is purchased during a marriage but is paid with other separate property, the property acquired takes on the separate character of the consideration

Assuming that the minerals were your grandmother's separate property and assuming that your dad and uncle were children of your grandmother and grandfather, if your grandmother had no will, your grandfather would receive a 1/3 life estate in the minerals with remainder to their children and the children would have a 2/3 fee interest in the minerals. Since your grandfather owned a life estate which would terminate upon his death, the life estate would not be among his worldly possessions upon his death.

However, if your grandmother and grandfather purchased the minerals during their marriage, making them community property the above analysis would not apply. Your grandfather would have his 1/2 community share and if your uncle and your dad were children of your grandmother, your grandmother's community share would go to your grandfather. This is the current version of the this statute. It may have been different when your grandmother died.

The law presumes that all property acquired during a marriage is community property. This does not make all property acquired during a marriage community property. It just means that you have to be able to prove that it is not community property

To figure out whether the minerals are separate property and if not which version of the community property portion of the intestate succession law applies, you need to see an attorney.