They had mineral rights in Texas that have begun producing revenue recently. Can my family (husband's heirs) claim the money or does it go to wife's heirs of which we know of none?
They both lived in NY so what does NY law say as to who gets the mineral rights money.
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello,
If the wife inherite the mineral rights, died without a Will in Texas, then the intestacy laws of Texas would be a factor in determining who has the mineral rights.
Since she passed in 1958 it is recommended that you consult with a local probate attorney.
NY law will govern the personal property. Texas law will govern the real property. The term "mineral rights" is often misused and can be extremely confusing. The mineral interest in land is real property. The royalty and other rights that come from the mineral rights are personal property. Even that is somewhat of a generalization. You are not going to get much direction on this website. You need to consult with an experienced probate attorney, probably in both states.
Texas law will determine the distribution of the real property in Texas (and as was already pointed out, mineral rights are real property.) You will need to retain the services of an oil and gas attorney in Texas who is experienced in mineral title issues, and do not delay as there is a statute of limitations on getting paid past production due to you. You may also need the services of a forensic genealogist to assist you in documenting heirship.
A lawyer could probably help you. However, please understand this is a very complex case involving the intersection of probate, oil & gas, and likely contract law.
You need to consult a Texas lawyer, preferably a TX oil and gas lawyer, because TX law will govern the "mineral rights" related to the land in Texas. Your lawyer will then need to help you ascertain the nature and degree of the "mineral rights" your family may (or may not) be entitled to ("mineral rights" is not a legal term of art, but is instead a broad category that is not terribly helpful without more information). NY law may then govern royalty distribution -- unless the terms of a valid mineral lease specify otherwise.
Of course, without knowing more, all we can do is speculate at this point in time. If you would like me (or another lawyer) to take a look at your specific facts and these legal issues in depth and give you more definitive answers, feel free to call or e-mail our offices directly.
