Uvalde, TX asked in Energy, Oil and Gas for Texas

Q: How do you transfer mineral rights to children when parent passes without will.

Father owned 40 acres and sold it but kept the mineral rights and had been getting a small check each month. When he passed, daughter moved the check to her mom (dementia), brother and herself, three way split. Now mom passed and check is going to daughter and step son but the tax office still has the ownership in fathers name and daughter is paying taxes. Need to transfer ownership 1/2 to daughter and 1/2 to step son. Only children of father. Father passed 3 1/2 years ago. We are being told we only have up to 4 years to make the change.

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1 Lawyer Answer
Aimee Hess
Aimee Hess
  • Energy, Oil & Gas Law Lawyer
  • Streetman, TX
  • Licensed in Texas

A: It depends on the state. In Texas, you can use an affidavit of heirship in this situation.

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