My dad has mineral rights and passed away in 2024. He doesn’t get much because his sister stole most of it. How do I get them out of his name.
Did he have a will and has it been probated? If he did not have a will, then the intestacy laws of the state where he lived will need to be followed to pass his estate to the proper heirs. You will need an attorney to do it properly. The attorney may be able to give clarity on the sister’s actions.
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With or without a will, you need to go thru probate to get someone named as Executor / Administrator of the Estate. That person will be able to act for the Estate and take care of its business, ie opening an Estate account at the bank, paying Estate bills, collecting money due yo the Estate, closing unneeded accounts, paying Estate taxes, distributing any funds, and transferring mineral interests. The mineral interests are now owned by the Estate and must be handled accordingly.
Thank you, I figured that’s what will have to happen
Thank you, I figured that’s what it would be.
Once you get the estate settled, then you need to contact the operators of any wells and get into pay status. You will need the estate documents and other items such as heirs’ drivers license, death certificate, etc. Also check the unclaimed funds in the state where your father lived. Funds may be sitting there in his name.
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Thank you so you. Do I need a probate attorney?
Yes, a family law or estate attorney in the state where your father lived. If he has minerals in a different state, then you may need to file additional probate documents in that state (especially OK).
Richard Winblad on the forum has some excellent high level summaries, so use the magnifying glass at the top to search his name.
Okay. I’m in Oklahoma. He lived in Texas and that’s where the mineral rights are. So, I need to get one of those attorneys in Texas? Thank you for your advice on this. At least I can get going in the right direction
The Directories tab above has some Texas attorneys.
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