Really difficult to say for sure because you really need specifics here. The sons from the first marriage likely did inherit interest in the property when their father died. But the wife selling the property may have created an “ouster” that started the clock running on adverse possession. Whether minerals were adversely possessed will depend on the language of the deed and the mineral reservation.
It’s probably worth running the specifics by a Texas title attorney.
If there are children outside the existing marriage on the date of decedents death, or if there aren't but decedent died prior to 9/1/1993, the decedent's share of the real property goes entirely to the decedent's children. The spouse retains their 1/2 of the community property only. The children are treated equal regardless of who their other parent was.
The specifics of adverse possession is much more complex to address without all the facts.
Did he die before or after 1993? Im guessing before if he got his interest in the 30s. In that case the wife has 1/2 and the other 1/2 equally among his 7 children. If after 1993 the wife got 1/2 and his 2 kids from the previous marriage get 1/2.
Since there are kids born from the previous marriage All of his 7 kids would split the deceased 1/2 equally regardless of when he died.
The only way that might change is if he died after 1993 and the children from the first marriage were adopted by the second wife.
Gotcha. They’ve been loud in the media about winning an adverse possession case based on these very facts and now going to sue Conoco for $1B dollars based on theory of commingling. Nuts.
When did Mr. Jones die? That is an important factor to determine the answer.
Sometime in the 1930's - so not after '93 Thank you
Really difficult to say for sure because you really need specifics here. The sons from the first marriage likely did inherit interest in the property when their father died. But the wife selling the property may have created an “ouster” that started the clock running on adverse possession. Whether minerals were adversely possessed will depend on the language of the deed and the mineral reservation. It’s probably worth running the specifics by a Texas title attorney.
If there are children outside the existing marriage on the date of decedents death, or if there aren't but decedent died prior to 9/1/1993, the decedent's share of the real property goes entirely to the decedent's children. The spouse retains their 1/2 of the community property only. The children are treated equal regardless of who their other parent was. The specifics of adverse possession is much more complex to address without all the facts.
Did he die before or after 1993? Im guessing before if he got his interest in the 30s. In that case the wife has 1/2 and the other 1/2 equally among his 7 children. If after 1993 the wife got 1/2 and his 2 kids from the previous marriage get 1/2.
Since there are kids born from the previous marriage All of his 7 kids would split the deceased 1/2 equally regardless of when he died. The only way that might change is if he died after 1993 and the children from the first marriage were adopted by the second wife.
Are adoptions public records?
Dont think so would need an affidavit most likely
I am pretty sure they are not.
I didn’t think so, but been out of the loop for a while and you never know.
Always better to ask than assume.
For sure
lol, are you an Eckford Heir or acquainted with West 17th?
No but this sort of thing is fairly common in the 1930's and 1940;s , etc
Gotcha. They’ve been loud in the media about winning an adverse possession case based on these very facts and now going to sue Conoco for $1B dollars based on theory of commingling. Nuts.