I would like to know some Texas legal rights. I discovered a distant relative that left some mineral rights in Reeves County TX. I informed my family about it and how we are related. We agreed we had equal shares split 6 ways from our grand mother. who passed away about 26 years ago. When she passed away there was no knowledge of any mineral rights and my cousins were granted 2/3 of estate since their parents had passed away. They were in their 30’s at the time. My mother passed away 9 years ago and left them 20% of her estate. The probate on these was closed and did not cover any mineral rights. My cousin summited a letter of administration with out telling us in Maryland adding mineral rights to my grandmothers will so instead of receiving 18% each they received 25% and we received 8%. I get its immoral, but was it legal?
Without a specific will provision, the minerals would pass under the rest and residue clause of your grandmother’s will. For example, if she left her estate to her 3 children in equal shares and 2 died before her, then the 1/3 for each deceased child would go to his or her children. Your mother as living child A got her 1/3 and the grandchildren under deceased child B would get 1/3 and grandchildren under deceased child C would get 1/3. When your mother died, her 1/3 would pass in accordance with the terms of her will, which you say left 20% of 1/3 to your cousins and 80% of 1/3 to you and your siblings. If there had not been any wills, then the Texas minerals would pass per Texas intestacy law. The exact percentage to each person depends on the number of siblings.