Leagal help to put mineral rights in are names

my brother and sister are wanting to put my fathers mineral rights in are names. my father died dec 2010 with no will in California. everything my father had went to my stepmother. She passed 1 year later dec 2011 she never put the mineral rights in her name, and in her trust never mentioned the mineral rights that are in north dakota. how do i go about putting them in are name? THESE HAVE BEEN HANDED DOWN FROM GREAT GRANDFATHER TO MY GRANDMOTHER TO MY DAD. THANKS FOR ANY HELP


Since your father resided in California, I would first contact an oil and gas attorney in that State as the laws regarding this matter may be different from those in North Dakota, where the minerals are located. These mineral records will be on file at the County Clerk's office in the county where they are located in North Dakota. Again, I would start with the California end of this matter and resolve the fact that your brother, sister and yourself would be the legal heirs of these minerals.

I think Charles gave good advice in looking into the California angle of this and the states inheritance laws.

A probate attorney in North Dakota can probably help you.

Were you and your siblings the only heirs to your stepmother? I would worry about Californias laws, the state I presume your stepmother was residing at time of death. If your stepmother inherited everything, then her heirs inherited. If you were not heirs to your stepmother, you may not have inherited anything. I would want to ask a lawyer about it and I think a California lawyer who might not have to look up the laws covering intestate inheritance laws for Ca. would be the one to ask. You will probably have to probate both estates in ND anyway because ND does not recognize the probates of other states and the minerals will not pass without having been in a trust, corporation or their being a probate. If some oil company thinks you were heir to the minerals they would probably want a lease from you and pay you a bonus but you might have to do both probates to collect royalty. Depending on the last time such minerals were leased, had a deed recorded or had a statement of claim filed, the surface owner (if the surface was sold and the mineral rights retained) could claim the mineral rights if there has been no use in 20 years, under the ND dormant minerals act. There could already be wells on your minerals if they are located in the core Bakken area or anywhere near it. I would check to see if the surface owner claimed the minerals first (if the surface and minerals were separated). If someone has already reclaimed your minerals, it could be a waste of money to try to regain them. You can make a statement of claim the purpose of which is to keep your rights from being extinguished before doing a probate.

My grandmother died in California 1973 with mineral rights in north Dakota she had a hand written will singed and dated Jan-1-1965 that was 5 years before her death, It reads that she is leaving everything she has to her only son my dad. And then say upon his passing that her mineral rights go to her 3 grandchildren his kids and are names are on her will.So how do i transfer them into are names?