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My Grandfather had some land with a gas well in Texas we are

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in California. When we went...
My Grandfather had some land with a gas well in Texas we are in California. When we went to transfer it to my Grandma they said the law there was the kids automatically get 2/3 and the surviving spouse gets 1/3. Her kids have no problem with her having it but they are saying we must either probate his will which we would only have to do for this or have the kids deed their portion over to her. Do you have anything to help us out?
Submitted: 2 years ago.Category: Estate Law
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Answered in 1 minute by:
9/24/2015
Estate Lawyer: Dimitry Esquire, Attorney replied 2 years ago
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
Verified

Thank you for your question. Please permit me to assist with your concerns.

I understand the situation. How exactly can I help? Are you asking if the information provided to you is valid? Did your grandfather pass away without a will?

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Customer reply replied 2 years ago
He had a living trust but we have been told it would be costly to probate it? We are wondering how hard it would be to just have the kids deed it over or how we would go about that?
Estate Lawyer: Dimitry Esquire, Attorney replied 2 years ago

Hi,

In Texas there is an obligation for any probate other than small estates that an attorney is utilized. They happen to be the only state that requires such conditions. But it may be prudent here purely because land rights and oil rights may be a bit complicated to transfer and fairly split up. It can indeed be costly but it may be a very good investment overall. Now as far as simply deeding it over, you can download forms online, fill them out, sign, date, and notarize them, and then record them, but two issues exist. First, there may be tax implications which a CPA or an attorney can help clarify. Second, once deeded over, the other party may then refuse to transfer out interest. This is something I cannot predict for you but unfortunately families have had such disagreements in the past, which a probated transfer avoids or at least limits in scope.

Sincerely,

Dimitry, Esq.

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Dimitry Esquire
Dimitry Esquire
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Category: Estate Law
Satisfied Customers: 41,221
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Experience: JA Mentor. I run my own practice that specializes in Estate Preparation and Administration

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