In Texas my grandmother added my fathers name and my mothers name, along with my fathers sister and her husband to a warranty deed when she sold the surface property. the deed states that we name, name, name ect. for and in considerations. sell. The mineral ROYALTIES not rights were reserved.
It was signed by all, has a single acknowledgement and joint acknowledgement. I also have the lien release. My father died 2 years after this deed was signed and my mother never mentioned anything in 44 years. I found this deed at the courthouse and then I found a will showing that it was probated from my grandmother to my fathers sister after the original deed was signed. I reached out to my extended family to discuss, but they say they own it. their grandmother left it too their mother in a will, she did but I say only the one fifth of what she owned, she could will.
To me this document tells me she gave it to my father and mother, and after my father died she didn't want my mother to have it, so she changed her mind. And willed to her daughter. Is that legal?
there has been many leases on this property and as of now there is a permitted well on it now, how come the oil company's didn't find me or my sisters in 44 years. There is no quitclaim where my mother or father signed it back over.
Is it legal to add names to a deed even if the person doesn't own it prior to being added on it.
It is hard to tell because some key information that you have not provided in your original post must be known. Who owned the land? Grandpa and grandma, or just grandma? What happened to your grandfather's estate? Was there a will or probate? I think it would be worth your time to get all of the information together (deeds, wills, probates, death dates, etc.) and take it to a qualified attorney to review. It is possible for people to add names to deeds, even though they do not legally possess title. Sometimes we call these "wild deeds". Sometimes it is done as a way to try and clear deed. However, depending on the circumstances (talk to an attorney) your father may have acquired a mineral interest through the reservation on the deed you mention. If probate was done for your grandmother later, and your father actually had a mineral interest (again, attorney can confirm), it would not have been legal for her probate to distribute his mineral interest (without including his estate/probate into her probate). So my understanding is, either your father had a mineral interest and your grandmother / other relatives tried to take it back (illegally), or the deed with your the mineral reservation and your father's name was not legal enough to give your father title to a share of the minerals. Only someone examining all of the instruments and facts will be able to give you the correct answer.
Grandfather owned the land through heirship affidavits, split 8 ways. grandfather dies and has a will leaving everything he owned to grandmother. it was probated, 3 years pass and then grandmother wants to sell and she then added the names at the signing of the warranty deed in 1966. In 1978 grandmother dies and her will she made up in 1974 is probated in 1978. it leaves everything she owns to Aunt. and that is where it sits today. at least in their minds.
not only did my parents sign as joint owners but there is a clause on the deed after the exceptions and reservations "Grandfather was married only one time and then to grandmother. There was born of issue to this marriage two children, to-wit: 1. fathers name who married mother name. 2.Aunt name who married uncle name. No children were adopted.
thank you for the help Kitchen, I’m just trying to see where I stand, before I jump. The deed list my mother and father as separate joint owners, they both had a piece.