I have no idea of where to go to get this answer as I've heard a few different answers from people...hoping for some help.
so the scenario is my dad is leaving my brothers and sisters an equal portion of land in his will, but he didn't include the mineral rights in the will because he didn't even think to do this. He has now been contacted by an oil company that they would like to drill 3-5 wells on our property, so it got us thinking...what would happen to the mineral rights if heaven forbid he passes? Does the mineral rights go to us since we've been given the land or does it go to the state since he didn't give those mineral rights to anyone? We've been told by some people in the area, who have struck oil, we need to add an addendum including the mineral rights or the state gets it...and we have also been told it's your land, so you get the mineral rights. So who is right? Any help is appreciated! The land is in south texas.
I would say that the minerals go with deeded land if there were no prior reservation or severance of the minerals from the land. With this said, each who owned surface would own proportionately the minerals under their surface.
The intent of the testator will be followed as much as possible. Only a fool would attempt to advise you of anything unless they read the actual will. The people who advised you are not lawyers, and any advice they offer you should be disregarded. If your concern is so great, then the attorney who he paid to prepare the will, if that is what happened, can review the will, and easily add a codicil to the will if he deems it necessary to be more clear or specific regarding the mineral rights, producing or non-producing. The codicil is what your non-legal advisers are referring to as an "addendum". The mineral rights escheating to the state under the facts as presented, seems like a long shot at best. The residuary clause of the will could also play a part in the resolution of your question.
Thanks! I appreciate the info!
If your Dad said "I leave the surface estate of my 'land' to my children," if it specifically says surface estate only and makes no provision for the disposition of the mineral estate, then the Residuary Clause, if there is one, would dictate who inherits the minerals. This is a clause that says something to the effect of "I leave the rest, residue, and remainder of my Estate to," usually about 2/3rds of the way through the Will. This Clause would determine who inherits "other things" not specifically mentioned in the Will, like a long-lost interest in real property. If he said something to the effect of "I leave my interest in the following described 'land' to my children," without specifying either Surface or Mineral Estate, then the minerals would transfer as well. In other words, all depending upon how the document is worded, it is NOT NECESSARY for the minerals or mineral rights to be mentioned specifically in order for his heirs to inherit them.