I have seen and saved a lot of information from this forum with regard to ownership and title, but I am putting together some guidelines for my heirs and I have no “for sure” information regarding Oklahoma mineral rights in a California living trust. I vaguely recall getting an Oklahoma attorney to make the necessary county records title changes for the rights I inherited from my mother, but what else needs to be done?
It would be wise to contact a California attorney who specializes in oil and gas and family trust planning. They would know the proper way to title everything into the trust from OK or other states. Make sure that a copy of the probate from your mother to you is filed in every county in OK where you have mineral rights. If the rights were moved into a trust, then the attorney can help you with the proper documentation both in CA and you may need an OK attorney to help with the OK part.
If you have a trust with Oklahoma minerals, you will need to deed those interests from yourself to the trustee of the trust (usually the grantor or grantors who set up the trust). The deed must be filed with the legal description of the minerals in the county where they are located. It is also good form to file a Memorandum of Trust (sometime called an Affidavit or Certification of Trust) along with the deed. This document should indicate who the successor trustees are. Preparing a deed for filing in Oklahoma is the practice of law. Therefore, an Oklahoma licensed attorney should prepare the deed.
Also, congrats on being proactive. I see far too many occasions where there was a trust but the owners didn’t fund it with a deed. The result is the need for a probate. Probate avoidance is one of the main reasons that people set up a trust.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
1 Like
Thank you for confirming that I have already done what I needed to do. All the deeds are in the trust and are filed with the clerks of the involved counties. I also have copies of all the deeds. Still have one younger relative, a landman, who could point my heirs in the right direction for an Oklahoma attorney.
1 Like
This topic was automatically closed after 90 days. New replies are no longer allowed.