Mineral rights heirsship advice needed

Oklahoma Mineral Rights Payne County, OK
1

I know only an attorney can tell me for sure, but I was hoping all your experience would be able to help point me in the right direction or tell me not to bother. My great grandfather owned 160 acres in a homestead he staked back in the late 1800s. My grandfather was given forty acres and kept thirty acres of mineral rights when he sold the land. Each of his four children got 7.5 when it was passed on to them. Now here’s where the question comes in. One of the those four children married but had no children. That child( my uncle) died before his wife. She has since passed. Does that mean her relatives have a right to the mineral rights that were originally a part of my family’s homestead ? I know it’s a small share, but I have seen the original homestead document while doing ancestry research and there’s something that seems to want to connect with the past ancestors. Hope this doesn’t sound too silly. Thanks so much for any advice. Linda Legare

2

You are probably right about only an attorney will be able to answer correctly. If he made no provisions to have the minerals passed down and depending on what state he lived in, they would have probably been passed to her. She would probably have had full claim to them and then passed back to her relatives.

Not what you really wanted to hear but you probably already knew the answer. You can search the Payne county records online but to go back to the Patent you will probably have to go to the Courthouse.

Although 7.5 nma doesn't sound like a lot it could be decent income if the lease made good oil or gas.

Good luck, Terry S

3

Depends if she had a will or not. Then the laws of intestate succession in Oklahoma will apply.

Just for a starter: http://www.nolo.com/legal-encyclopedia/intestate-succession-oklahoma.html

4

Linda, In-laws are part of the family affinity group and a surviving spouse is the first eligible beneficiary, but no will and no surviving children or parents can make siblings eligible for inheritance. You need a wills, estates and trust attorney. http://info.legalzoom.com/inheritance-transfer-laws-oklahoma-21806.html

5

Thank you, Terry

6

Thank you, Jay

7

Thank you, Martha