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