Legal Question in Wills and Trusts in Texas
Recently,(June 2015) my family learned of some mineral rights that my Grandfather obtained after he sold some farmland in the late 40's. My Uncle, Aunt and my Father, were all named Heirs, after the death of my grandmother, in 1979. My question is this: My Father died in 1990, obviously before he knew of the Mineral Rights. He left his estate to my Step-mother, who is still alive, and remarried. He filed his Will before his death. Because knowledge of the Mineral rights was not known at time of filing of will, is it automatically included in the Will and the rights go to my Step Mother, or does it go to next Heir, in this case my brother and I? Thank You!
1 Answer from Attorneys
The first thing to determine is where the mineral rights are( are they in the same state in which everyone died). If grandfather lived in Texas and died in Texas and the mineral rights were in Oklahoma (for example), the depending upon what the rights are worth, it may not be cost effective to try to do an ancillary probate of dad's will in Oklahoma. If the mineral rights are in the same state that the will is probated in, then whether dad knew about them or not, they went to Step mom.
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