Q: I am in Texas. My husband passed away without a will. I am selling his mineral rights. We have a minor child together
and he has a grown daughter (my stepdaughter).
My understanding is I would get 1/3 and his children would get the remaining 2/3.
I have someone that is going to buy mine and my sons mineral rights but at the last minute he asked if I had a legal guardianship order from the court.
I said no he is my son/our son together (I thought he may have misunderstood and thought he was my stepson). He said his father was a attorney and was told .."In Texas, the mother can only sell real estate, which includes mineral acreage, if there has been a formal guardianship opened for the child. The mother then must go through the steps with the court to get authorization to sell or mortgage or do whatever it is she needs to do for the child.The guardianship is a court proceeding. Just being the parent does not get you there. There must be a formal guardianship open with the appropriate court."
This seems odd to me. Is this true??
A: This is long after your questions was asked; however, if you haven't already done so, consult with a probate attorney in your area.
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