Mineral Lease: Standing to Appeal Wills: Probate Administration

摘要

In 1958, Kathleen Cox (Kathleen) deeds the surface estate and a 1/32 non-participating royalty interest (NPRI) in the mineral estate of land in Grimes County, Texas, to her daughter, Laverne Cox Meekins (Laverne) and Laverne's husband, Robert Meekins, Sr. (Meekins Sr.) who is also the father of Robert Meekins, Jr (Meekins Jr.). In 1977, Kathleen dies and devises the remainder of her mineral estate to her other daughter, Elloise Cox (Elloise). In 1992, Elloise dies and devises half of her interest in the mineral estate to her sister, Laverne, and half to Meekins Jr. In early 2003, Laverne passes away leaving a 1998 will devising her share of the property to Meekins Jr. but the will is not admitted to probate at that time. Later in 2003, the probate court appoints a guardian for the person and estate of Meekins Sr. In 2005 the probate court concludes the property can not be divided in kind and orders the property to be sold as a whole, with the proceeds to be divided between co-owners as appropriate, "after Laverne's will is admitted to probate." Meekins Sr. accepts an offer for the property, but the property can not be sold because of the uncertainty regarding Laverne's unprobated 1998 will. In April, 2006, Laverne's 1998 will devising her share of the property to Meekins Jr. finally is admitted into probate.