My brother wants to transfer his mineral and royalty interests to me with a Transfer on Death Deed. I created this attached document and similar documents for New Mexico and Oklahoma using legal forms specific to each state.
This is generic a file. I replaced the grantor, grantee information and legal descriptions of the land with generic placeholders for the sake of anonymity. The state and county information is correct. I need to know if this is a legal Transfer on Death Deed for the state of Texas. Generic Texas Transfer on Death Deed.pdf (198.3 KB)
David- simple is not always the best answer because the oil and gas industry has its own set of rules/standards that must be met. I know you don’t have much interest in any of the properties, but it is good advice to seek a Texas attorney when trying to do what you want to do. The old saying- “you can pay me now or pay me later” comes to mind. By getting it done right the first time, you won’t have to mess with it again.
Previously, the Texas Estate Code provided optional forms for both creating and revoking a TODD. However, effective 9-1-2019, the legislature repealed the subsections where the forms were located. The legislature gave instead the Texas Supreme Court the discretion to create new forms and placing them in a different Code. So, wherever you found the forms, they may be copies of the ones from the Code sections that were deleted. Check their date of creation on the website. Any executed and filed transfer on death deed executed and filed before September 1, 2019 using those forms should be OK. After that date, TODDs are still a valid tool in Texas as long as the required elements are contained in the document That is why the advice to have a lawyer draw your document up is wise. They should have insurance if they make a mistake.
This is too important to rely upon a form bank.