How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
Type Your Estate Law Question Here...
Dimitry Esquire is online now
A new question is answered every 9 seconds

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

Customer Question

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: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

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?

Customer: replied 1 year 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?
Expert:  Dimitry Esquire replied 1 year ago.


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.


Dimitry, Esq.