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Permalink Reply by JHH on July 12, 2011 at 0:37

I'm not a lawyer... But minerals are not necessarily divided equally. I think heirs and division are determined by how a person who dies determines who gets what and how much. I don't know how it works when that determination isn't made.

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Permalink Reply by Adam on July 12, 2011 at 2:40

If the deceased left a will, then the mineral rights will be divided per the instructions in the will. If it doesnt specifically state who gets the minerals, it will usually fall under the rest, residue & remainder portion of the will.

 

If the deceased did not leave a will, it follows Texas intestate law, no matter where the deceased died. Type Texas Intestate Law into a Yahoo or Google search and you should be able to find articles. For intestate, it all depends on whether it was separate or community & whether the deceased is married or not. There are a lot of scenarios for intestate law.

 

To answer your question, no it is not necessarily divided evenly.

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Permalink Reply by Ben Elmore on July 12, 2011 at 2:45

Adding to what JHH and Adam said, as I understand your situation from your other posts on GHS, it does not sound like there is a will in your family's title history.  Most likely, intestate law will apply and your attorney will have to trace the fractions owned by all of the heirs through time based on that law.  It can be very complicated. 

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Permalink Reply by robert minton on July 13, 2011 at 4:42

If he left a will, it all goes to Anna Nicole Smith! If no will, then to  descendents or heirs under Sections 38 and/or 45,  Texas Probate Code.

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Permalink Reply by Sherry Mobley on July 14, 2011 at 11:08

No will

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Permalink Reply by JHH on July 14, 2011 at 14:23

HAHAHAHAHA!

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Permalink Reply by Sherry Mobley on July 16, 2011 at 17:21

What does HAHAHAHAHA mean? Good or bad.

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