My grandmother made a will in 1980 expressing that the mineral rights would go to her three children from her first marriage since that is where the mineral rights came from was her first husband, and that the house would go to her two children from her 2nd husband since it was with him that the house was bought. We have someone that wanted to lease the land we have mineral rights on and after signing the contract and everything, they came back and said that because her will was not probated, that the lease will be divided between all 5 of the children when she specifically had it written out in black and white how she wanted it. Is this really legal that it can be done? She never had her will filed as she didn't know that it was supposed to be filed as her attorney never told her
A will has no authority unless and until it is admitted to probate. Without the will being admitted to probate the law basically says it doesn't exist. The will may be valid and may conform to all requirements under law, but it has no effect if it has not been admitted to probate.
You really need to speak with an attorney. The will must be probated within four years of the date of death. It can be probated later if certain requirements are met. If the will is not probated, the property of the deceased as though she died without a will. In Texas, things get really weird really quick when blended families are involved. However, there could be some saving grace from the fact that the minerals belonged to her late husband, your father. You should really speak with an attorney to see whether that will make a difference in your case.
Yes. Will must be filed with the court and probated after the death of the person who made the Will. Making a Will is not enough, by itself, to transfer property after death. This is one reason many people use Trusts instead of Wills.
Grandmother did not have to file her Will. Her execultor/personal representative named in the Will should have filed the Will and probated the Estate. Most likely, the reason the lessee is saying that the lease will be divided between all 5 children is because that is what happens in an "intestate" estate, (an estate without a will). Check with an estate/probate lawyer to see if you can probate her estate. You did not state when she died.
The reason that they suggested that it be divided between all five children is that they are treating the situation (mineral rights) as if there is no Will in place. You must get the Will filed and probated in order for the division of her property to be divided as the Will requests. I suggest hiring an attorney for the matter.
Yes, a Will must be filed and probated in Texas Courts. Once the person dies, it is best to file it with the Courts right away, even though you have 4 years from the time of death to file. Seek advice from an attorney if you are unfamiliar with the process.
A Will must be filed for probate in Texas within 4 years of the person's death or it is no longer a valid Will. As your grandmother's Will was never filed for probate, it's as if she never had a Will at all and the laws of intestacy (when a person has no will) apply.
A Will is filed for probate upon the death of a person - not during their lifetime.
Ahmad Moosavi ShabaniCriminal Defense AttorneyPelham, AL ·
Agree with my colleagues. The Estate of your deceased mom will be distributed between the heirs under the intestacy laws of your state unless you locate the will and act to probate the will. Consult with a lawyer familiar with the probate law.
You absolutely need to consult with an attorney about your best course of action at this point in time. Your right to have the will probated after this much time is very limited. As stated, if it is more than 4 years after the death of the person, you have to show special reasons why the will was not filed timely and that is not easy to do. You may, however, have other options, depending on how agreeable the other heirs are.
A will does not have to be filed, and in fact cannot be filed, until the person who made the will dies. If your grandmother is now deceased then the will can now be submitted for probate in the Register of Wills office for the county where she died. The will should name the person who is the personal representative (or Executor) and that person will need the will and a copy of the death certificate in order to probate the will.
