I have an issue with some mineral rights in Eddy county,NM. My father who passed away in 2007 ,his will went through probate. Leaving everything to my mother. .My mother passed away in 2025. Her will specified that everything was to be split evenly between me and brother. Did not probate as my mother had put all property and mineral rights under TODD. So we thought. Some rights have come to light in Eddy county. Can we do an affadavit of heir ship without reopening my dads probate and having to probate my mothers estate??? . Thank you.
And is there any legal implications with using affidavit of heirship??