Legal Question in Wills and Trusts in Texas

When you inherit raw land, do the mineral rights automatically convey with the property or does this fall into residual?


Asked on 2/28/11, 8:35 am

1 Answer from Attorneys

The answer depends on two different things:

1. How you inherit the land (i.e. by will, remainder or intestacy)

2. What the deceased person owned.

If there was a will, then the will likely controls. However, the deceased cannot give away more rights that s/he had. If the land was inherited by a remainder interest in a deed, then the deed would control. If the land was inherited without a will (i.e. intestate) and there is no remainder interest from a deed, then the heirs would receive exactly the property rights owned by the deceased.

Dave

http://leonlaw.com

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Answered on 2/28/11, 9:28 am


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