If grandfather left royalty interest to his son and heirs, he died, then everything goes to the son. If son married, had two children, then divorced, remarried, had two more children, but in son’s will left everything including royalty interest to the second wife, the second wife picked one of the four children to receive the royalty interest when she died. Do the other children have rights to the royalty interest? I get confused when they mention separate property and community property. Or is that only when there is no will?
The title should have said (after divorce first wife children concern).
Did the second wife leave a will? Just picking people won’t work unless everyone agrees, in writing.
Yes, it said it went to one daughter, not to any of the siblings and step-siblings.
In that case, that would prevail. As long as there are wills, unless you are willing to contest those wills which could be very lengthy and expensive, the daughter is the heir to the mineral rights.
So did grandfather leave part to the heirs to begin with, or just the son? That might make a difference.
Did grandfather have any heirs besides the son?
The grandfather had 6 children, left royalties equally to each of the 6 children and their heirs. One of the 6 children (the only one that was divorced and remarried and had 2 children with each wife), when he died in his will everything went to the 2nd wife. In her will when she died, she gave everything to the living daughter. The other daughter had died but had 2 children, but wasn’t given any of the royalties. As far as the grandfather’s 5 other children, it had all gone to the heirs equally.
It seems pretty cut and dried to me. The second wife was under no obligation to leave anything to her step-children and the mineral rights were hers at the time of her death. Depending on what state all of this happened in, the stepchildren could contest the wills of both their father and their stepmother but this could take years and thousands of dollars and would likely yield nothing. The time to contest the will would have been when the father died, not the stepmother. In Minnesota, contesting would not even be considered as long as the wills were properly prepared and executed.
On what grounds do you believe the stepchildren would have a claim?
Before we get off track, I believe we are only concerned with the part of the “royalties” which I think means mineral rights, left to the son?
there is only royalties, it says in royalty deed to have and to hold the above described property and rights, together with all and singular rights and appurtenances thereto in a wise belonging unto the said grantees, and their heirs, administrators, executors and assigns forever;
From the information presented, I say “NO,” the other children are not entitled to any of the royalties.
Thank you, that is what I thought was true.