If an Oklahoma mineral owner died more than 20 years ago, and the Will did not mention the Oklahoma minerals but included a general “All the rest, residue and remainder” clause which transferred unnamed assets into a Trust, can that Will be probated at this time to transfer the minerals to the Trust? The mineral owner’s Trust did not mention the minerals either, but likewise contained the “catch-all” phrase. Looking for which direction to go. Thank you.
Yes, in Oklahoma, there is no time deadline on probating a will. Based on what you’ve written, the minerals would go to the trust and stay in the trust or be distributed pursuant to the trust provisions.
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Bing Crosby had the same issue. He died in 1977. In 2015 his grandson probated his “pour over will” in Grady County Oklahoma to take care of the minerals. Usually more of an administrate procedure without the need for appearances, etc. Many attorneys handle on a flat fee basis.
There is no need for the will or trust to discuss or mention minerals.
Notice: Informational only. No attorney-client relationship is formed by this post. I am an Oklahoma-licensed attorney, but this is not legal advice. Do not share confidential facts in this public space.
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