Tualatin, OR asked in Energy, Oil and Gas and Probate for New Mexico

Q: My question is about Texas Law. My ex husband wife did not tell the courts about his previous children there was no will

There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests

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1 Lawyer Answer
James Tack Jr
James Tack Jr
  • Probate Lawyer
  • Oklahoma City, OK

A: It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children should share in 2/3 of the separate property. The surviving spouse would have a life estate in 1/3 of the separate property, with the children sharing the remainder interest. Unless there are other issues, it is a little unusual for someone without a will to have their estate probated in Texas. More information is needed to determine what your options are. You should consult a probate attorney so he can go over all of the facts and advice you accordingly.

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