Dear Mr. Premack: In the state of Texas are children from a previous marriage entitled to royalty checks from oil being discovered on land? The land belonged to my grandfather. When he died, it was inherited by my father, who was an only child. My father is now deceased and his wife is receiving royalty checks. Shouldn’t I be getting them instead as I am the next descendant in line? WP

Your grandfather once owned this land. He either made the conscious choice to sign a Will leaving it to your father, or allowed the state’s laws on intestacy to direct ownership to your father as his only child. Whatever legal path was chosen by your grandfather is history. Either way, your father became owner of the land and associated mineral rights.

Your father died. As owner of the property, he had an absolute right to decide who would receive his rights upon his death. Since his wife is now receiving the royalty checks, she must have been able to establish a claim to ownership that was strong enough to convince the oil company.

I have not seen any of the legal paperwork, but there is nothing unusual about a husband leaving assets to his wife upon his demise. If your father made a Will naming her as heir to the property, then she owns it. He could have made her owner by conveying title through a living trust, or he could have simply gifted the property to her while he was alive.

You could visit the courthouse in the county where your father resided. Ask to see the probate records on his estate. If the clerk has no probate on record, then visit the courthouse in the county where the land sits. Search the deed records to see if the land was conveyed to a trust or gifted to his wife. It is very likely you will find conveyances that show she gets the royalties because that is what your father arranged.

Your status as the "next descendant in line" is meaningful only if your father failed to make any plans of his own. The laws of descent and distribution may then give you some rights, depending on the date your father died and the shape of your family tree.

Dear Mr. Premack: Does a named executor on a Will need to give his/her permission? I have a childhood friend who I see only once a year and who lives in another city. She has named me as her executor despite my telling her I'd rather not. She is divorced and has no children or siblings which makes this a little challenging. How can I be removed from this obligation? JE

When your friend created her Will, she was not legally required to seek input or to seek permission from you regarding her choices. In listing your name as executor, she has nominated you to hold that position.

You do not actually become the executor just by being nominated in the Will. Instead, after her death, the Will must be offered for probate in court. When the Judge rules that it meets all the legal standards and signs an order admitting the Will to probate, the Judge also rules on appointment of the executor. As the nominee, you have the ability to refuse to accept the appointment. This means that whoever she nominated as alternate executor would become the focus.

Since you already told her you’d rather not be executor and she has ignored your input, she may feel that she either has no other viable choice or that you will come through for her despite your reluctance. Talk to her again, tell her you are serious about declining this honor, and suggest that she speak with the trust department at her local bank to see if she would be comfortable with it as her executor instead.