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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36937
Experience:  Texas Attorney for 30 years dealing in real estate
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My father who passed away 5 year's ago has royalties from a

Customer Question

My father who passed away 5 year's ago has royalties from a property in Malone Texas with draws oil. Plus my mother has been disease for 4 years to after my father passed. What happens to the royalties does it get passed to me and my brothers. I neef help with this since my parents did not leave a will
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.

Here it depends on whether your father inherited the minerals, which makes it separate property or marital property if he purchased it during marriage.In Texas where the laws of intestacy are applied here is a pie chart that explains who gets what.

If it is separate real estate, then she gets a 1/3 life estate, you get the rest here.2/3 now plus 1/3 when she deceases.

If this was marital you can see here the split as well.

http://www.frieslandlaw.com/Docs/EP9.pdf

You are likely going to have to open ancillary probate here in Texas to have these awarded to you by the county probate court here in Malone , Texas.You will need a local lawyer to open probate here.

Expert:  Ray replied 8 months ago.

Judge where ancillary probate is filed.

Judge Justin W. Lewis

1 North Waco Street
Hillsboro, TX 76645

Phone:(###) ###-####br />

Court Coordinator: Paula Svacina
Email: *****@******.***

Expert:  Ray replied 8 months ago.

Lawyer referral for Malone area.

http://lawyers.findlaw.com/lawyer/firm/probate-estate-administration/malone/texas

This is called intestate probate( no will), a personal representative is appointed, you can serve here as pr.

I appreciate the chance to help you today.Thanks again.

Minerals are considered real estate here in Texas, they are deeded exactly the same way as land.

Expert:  Ray replied 8 months ago.

Please let me know if you have more follow up.Thanks again.

If you can positive rate when we are done it is always much appreciated.

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