What to do about property not mentioned in a Will?

My wife inherited mineral rights on property after her Will was written so it is not mentioned in the Will. I want it to go to her children from a previous marriage. Does it go to me and I have to transfer it to them or can it be transferred now? The will has been probated. I live in TX.

Asked on December 1, 2011 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I assume that your wife has passed away and this is why you are writing this question. Since she has a Will and the mineral rights that she inherited are not mentioned in the Will due to her inheriting these rights after she signed her Will, the mineral rights would most likely be picked up in the "residual clause" of her Will.

In essence, the residual clause of a Will is a clause that states any items not specifically mentioned in the body of the Will goes to certain people. Read your wife's Will carefully in that you should be able to get your answer.

I also suggest that you consult with a Wills and trust attorney for further assistance.


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