My older brother and I own identical mineral interests in Reeves County, Texas. In 2020 we created and filed a Revocable Transfer on Death Mineral Deed (RTDMD) document where, in the event of my brother’s death, I am the grantee of the Reeves County property that he owns.
Recently, my brother, who is still living, and I agreed that I will purchase the mineral interests for the Reeves County property that he owns.
My assumption is that my brother is free to sell his interests to anyone at any time, regardless of the RTDMD document which only pertains to the circumstances of his death. A mineral buyer who is interested in the same property, mentioned to my brother that a Revocation of Mineral Deed document was required prior to the purchase to revoke the RTDMD document for this property .
My legal question is: does the RTDMD document need to be revoked with a notarized Revocation of Mineral Deed document for this Reeves County property prior to filing a new mineral deed for the purchase of my brother’s mineral interests?
I asked the Reeves County clerk this question and she told me that I need to ask a Texas attorney.
Any help with this question would be greatly appreciated.