What rights does my friend have where her mom died and had no will, but left her a lot of land?

Question

She lives in Texas and then an oil company came and offered her a bunch of money and she signed a lease to get monies every month off the oil, BUT then her mom's husband (not her dad) got an attorney and is sueing her and the lawyer wants to meet with her today and is threatening to sue her more if she don't. What should she do?

Answer 1

Would GET AN ATTORNEY TO REVIEW THE CASE be something she might want to do?

By the way, Tell her by no means meet with an attorney before she has a chance to engage her OWN ATTORNEY.

EDITED TO ADD:

And it would also depend on how the land was Deeded and it's standing. For example, if the land was hers before the marriage and deeded JTWROS to the daughter, it passes outside of probate.

If the land was purchased after the subsequent marriage but separate funds used to purchas the land and deed was held as above, again, passes outside the marital relationship and probate.

There is a lot not mentioned that could turn the situation one way or the other and that is why I suggested ATTORNEY REVIEW.

Answer 2

Not a great question, If her mom died intestate (Without a will) her husband may own the whole thing depending on the deed and the "friend" may have leased oil rights she does not own. OR she may own part, again, depending on how her mom held title to the propeerty. SHe needs to get a good atty and get with them right away

Possible this way but again depending on how she held title.

(b) Intestate Leaving Husband or Wife.
Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:
1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.
2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.

Answer 3

The laws vary from state to state on the percentage a child gets.

Your friend does not have to meet with her step-father's lawyer just because he said so and she should NOT do it unless she goes with her own lawyer. If her husband's name is not on the land deed, as an heir to her mother's estate and, if she is the only child, she gets 50% of it. Tell your friend DON'T SIGN ANY PAPERS FOR THE LAWYER because she has a right to a portion of the land and the mineral rights. He's bluffing! Let him sue her and, when it goes to court, step-father will only get a child's part.

Answer 4

Her mom's husband is entitled to half of the estate in most jurisdictions if she dies intestate.

And because she's going to need a lawyer for this or possibly lose it all to the greedy husband, she will need an attorney asap who will probably ask for one third of your friend's share as legal fees.

I love how I get 2 thumbs down and this is the law. I worked in a probate law office for 6 years and I'm a law student.

Edit: 3.

The Think is correct as am I.

Also, if the land was left to the friend before her mom died and the title of the land was already in your friends name it's not part of the mom's estate anymore.

Answer 5

Was Mom's estate probated? If she didn't have a will, the state has the rules on who gets what, and the land deeds can be properly prepared and recorded. She should see an attorney about the probate part and don't let step-dad's atty bully her. There are clear laws on how it goes.