Hello all, I am in the process of getting my Family Trust together. I do not have any idea on how to begin with my mineral rights. I have mineral rights in a lot of counties, in many sections. Is there some information on this I could read? My estate planner is an Oregonian, so not much knowledge of minerals. I do have my mother’s Trust that has all the rights and the division between my brother and sister. I’m just not sure what to do… Thank you in advance!
If the trust already exists, you will need to deed the minerals into the trust, which will require deeds in each county where the minerals are located.
Thank You Wade. The Trust is in the planning stage, nothing has officially begun. Would that change anything? I just sent a 2 page example from my Mother’s Trust and I did notice every County had a County seal.
Hey Alex_H, most of your questions concerning mineral rights will have state-specific answers. So, a list of states where you own minerals might help get you pointed in the right direction. As Mr. Caldwell says, deeds will need to be recorded in each county. Depending on how the trusts are structured… other curative work or research may be necessary.
Depending on the terms of the trust after your death, you may want to convey minerals to a limited liability company and then assign membership interests to the trust. This would eliminate doing new deeds after your death and fragmentation of the mineral interests.
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