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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111480
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Son died without will and no children or marriage. s father

Customer Question

Son died without will and no children or marriage. His father and I (divorced), used an heirship affidavit to sell his home in Dallas. He has mineral rights in another Texas county and need to transfer that from his name and gift it granddaughter. What forms are needed for this.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your son died with no children or surviving spouse, YOU and his father are to equally share in his estate. You can seek to file a new affidavit of heirship for the mineral rights just like you did for the house, it is done the same way. Once you get the rights put in your name, then you have to write a donation form yourself, which states you are owners of the mineral rights and you are giving them as a gift to your granddaughter and her name and identifying information and then both you and the father sign and have it notarized and you would gift them to your granddaughter and the company would put them in her name. Some of these energy companies would have their own gift forms so check with them too.
It is two separate steps you have to take. First, get the shares in your name by the affidavit of heirship, then second fill out and sign a donation of rights form to your granddaughter which you would then give to the energy company and file an original with the recorder of land records where the land is located to record her mineral right interests.

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