My mother passed in 2007 in california with a will. It was never probated in texas. In the will everything was left to my sister.
In 2015 I came across mineral deeds in Yoakum that she owned. since no will was filed I filed an affidavit of Heirship and had the money split 50/50 between us. In 2016 she filed a muniment of title and it was granted.
She now is trying to get my shares back. In 2015 I conveyed my deeds into an LLC.
So my question is, is that good enough to protect them, or do you folks have another Idea.
Here is the short story.
Dad died in 1979 and left the siblings the mineral rights. I was 10.
1980 Mom filed affidavit of Heirship and took the deeds.
2007 Mom died, left the deeds to my sister.
2015 I noticed my dad had money with the state of texas. After research I found out about the deeds.
2015 I claimed the deeds thru an Affidavit of Heirship, and split the deeds 3 ways. My sister, My brother, and me.
2016 Sister files muniment of title (after 9 years) to claim all the deeds in texas, and false affidavits in Nebraska.
2016 Judge grants the muniment of title, saying the although the 4 years have passed, it is really not enforced
the deeds have produced over $1,000,000 over 40 years... yes my mom had a will leaving those deeds to her. The statute of limitations has run out in terms of claiming fraud against my mom.
The Affidavit I filed was before the muniment of title was file. Those deeds originally should have gone ot the siblings.
So there you go Joe, Your thoughts now?
Your right....my brother and I got taken advantage of because we never knew about the deeds and leases... the fact that the muniment of title was granted after 9 years is a joke.... my sister had full knowledge of the will, and she continue to take checks made out to my dad and cash them... hopefully we can appeal the muniment of title... if not... I guess we are out of luck because of the statute of limitations are over.
Texas requires muniment of title to be filed within 4 years of the death of the person in question. The two exceptions to this are if the will was filed for probate (and probate was not completed) within 4 years of death, or, if the person filing the muniment of title is found to not be at fault for not filing the Will within the 4 years.
http://www.fordbergner.com/legal-practice-areas/texas-probate/types-of-probate/muniment-of-title
Even if you cannot recover proceeds from the oil and gas company, you may be able to seek proceeds from your sister or the trust itself. I do not believe statute of limitations apply for taking action against against an individual in a case like this. FYI - I am not an attorney, you should seek professional legal counsel - there are some great attorneys on this website if you do a little research.
What was your sisters excuse to the court for not filing the will with the court within 4 years of your moms death?
I disagree. I am not a probate attorney, but have spoken with a very good one at length about this matter. According to him, in Texas in order to have a Will submitted for Probate and Administration it must be done within four years of the decedent's death. However, at ANY time a Will can be submitted for Probate as a Muniment of Title, this is a version of Probate that does not entail administration, paying expenses, etc., just establishing title. For example, let's say the Will leaves everything to the child and under the laws of descent and distribution the child is also the only heir-at-law. In that scenario, it might very well make sense not to go through the more lengthy and expensive full blown probate and just do Muniment of Title. Theoretically, a Will could be submitted for Probate as a Muniment of Title a day or a century or more after the decedent's death. However, it is up to each INDIVIDUAL judge whether or not to ACCEPT the Will for Probate as a Muniment of Title. That's why when you look up Probate documentation typically one of the first Orders is one ADMITTING the Will to Probate. Just because a Will is submitted does not mean it will be allowed by the judge to be acted upon. Obviously, the less time after the decedent's death that a Will is submitted for Probate as a Muniment of Title, the less likely the judge will be to accept it because there could very well be a need for administration. Similarly, the more time that has elapsed AFTER the four-year clock has expired, and the more the property changed hands after the decedent's death, the LESS likely a judge will be to even accept it for probate either without a VERY good reason. It is literally up to each individual judge to determine for himself or herself if the reason offered is sufficient. Some judges, my lawyer friend told me, have reputations for NEVER accepting Probates for Muniment of Title more than a year or two after the four-year clock has expired, some are more than willing to consider them 10, 20, or more years after the decedent's death.