[WSBAPT] Mineral rights and community property agreement

[Tom Westbrook]

Does the CPA say that all property, community and separate, shall pass to
the survivor? If so, I have had good luck having an Oil Company in Texas
transfer the rights to surviving spouse. But I would also caution that
surviving spouse needs to either appoint beneficiaries in a format
acceptable to the Oil Company or make a special distribution in the Will of
surviving spouse to her beneficiaries. Sometimes it takes some time to
educate the Oil Company legal counsel re: a CPA but don’t give up.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





Rodgers Kee Card & Strophy, P.S.

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Ronda Larson Kramer
*Sent:* Wednesday, December 16, 2020 5:05 PM
*To:* wsbapt at lists.wsbarppt.com
*Subject:* [WSBAPT] Mineral rights and community property agreement



Listserve,



PC is surviving spouse. Deceased died in 2008. Deceased’s will was never
probated because they had a community property agreement. Deceased
inherited mineral rights in Texas and there are monthly royalties. To clear
title in PC, Texas company’s law firm has proposed that PC pay them $2,000
to probate the will in TX.



Does anyone have any experience with this? What would you suggest PC should
do? (I’m a family friend, and PC is quite elderly and does not want the TX
law firm to have the original will because they are strangers).



Thanks for any ideas.



*Ronda Larson Kramer*

*J.D., LL.M. Taxation**,** Owner *



*L**ARSON** L**AW**, PLLC*

*Elder Law**, **Estate Planning*

P.O. Box 7337

Olympia WA 98507

Ph: 360-259-3076

ronda at larsonlawpllc.com

www.larsonlawpllc.com



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