Legal Question in Wills and Trusts in Texas
Income from mineral interests
I was left some mineral interests via a relative's last will and testament. The will was probated in January of this year and the inventory approved in May of this year. The mineral interest is from a producing well in West Texas and income from those interests have been distributed post death. The executor has been using those post death distributions to pay off the mortgage on the decedent's house. My question is, is that ok? Is income produced from property of the estate post death also part of the estate, i.e. allowed to be used to pay off expenses etc? And even if they are, can you pay off the mortgage like that? I hope that makes sense. If possible in your response, can you give me code/case cites? Thank you for any help.
5 Answers from Attorneys
Re: Income from mineral interests
You need to hire a lawyer..it makes a lawyer answering on such limited facts uncomfortable to say the least..and if money is involved, one needs to pay for help.
Re: Income from mineral interests
You need to hire a lawyer..it makes a lawyer answering on such limited facts uncomfortable to say the least..and if money is involved, one needs to pay for help.
Re: Income from mineral interests
You need to hire a lawyer..it makes a lawyer answering on such limited facts uncomfortable to say the least..and if money is involved, one needs to pay for help.
Re: Income from mineral interests
You need to hire a lawyer..it makes a lawyer answering on such limited facts uncomfortable to say the least..and if money is involved, one needs to pay for help.
Re: Income from mineral interests
It depends on the terms of the will. I highly recommend that you contact a probate attorney in the county in which the will is probated. Let him or her examine the will, consult with you, and advise you accordingly. You may be entitled to reimbursement of that income from the sale of other assets, but without understanding the scope of the decedent's estate and what the executor's plan is in administering the estate is, I wouldn't be able to give a proper answer. Many attorneys will provide a free initial consultation to ascertain whether or not you need legal help.
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