Inheritance -locating documents needed for change of ownership

I have recently inherited my fathers oil and gas rights. He has recieved monthly royalty checks for years and I have the royalty statements for recent months. This asset is the only one he neglected to transfer into his trust. I am the sole beneficiary of the will and the trust, no probate is needed. What documents do I need to provide to the court to support the affidavit and where will I find them?

I could not find anything at the county recorder office.

In what state is the property located? Laws vary by state.

You might look the trust over, mine has what is called a “pour-over will” that puts anything not in the trust name, into it upon my death.

If you have property in Oklahoma that is not deeded into the Trust, it isn’t in the Trust, no matter what your documents say. Other states may be different.

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There may be a residuary clause in the will that will transfer all property that is not described.

If there is a trust the is likely a Will that says that names the trust as the legatee/beneficiary. This is known as a “pour over will”. While there are several approaches, in Oklahoma the most efficient is usually **to probate the Will in the state where the property is located. Texas and other jurisdictions may have other approaches.

This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship.

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Is there any way to find out what happened to the land and mineral rights left to me and my siblings in my grandmother’s will? I never knew about any of it till just the past year after my parents passed away and I found my grandmother’s will? The land was in Montana and I would like to know when and who sold it or transfered it or just what happened to it anyway any suggestions?

A search of the Montana land records may reveal what has transpired since your parent’s inheritance.

This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship.