Q: Can a person holding a family will change it. Is the WILL on record somewhere. Person holding has put it into probate
Gas and oil royalties, How to get past the probate of the will to get our royalties on our gas lease.
A:
The only person that can change a will is the Testator (the person whose will it is) or the testator's agent sometimes if the power of attorney expressly gives that power. Additionally, the Court may sometimes reform a will if the will is ambiguous and more direction is needed to carry out the testator's intent.
That being said, a will has no effect until the Testator is deceased.
Gas and oil property interests are recorded and as such the personal representative as ratified or qualified in probate court will be the only person able to change title to those unless it was a joint ownership with rights of survivorship attached (joint tenants).
I hope this helps.
Wes
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