I setup a trust so that all the mineral rights remain as 1 entity instead of going through probate and being split/divided between my daughter (no kids) and son (3) and then the grandchildren when he passes.
It’s easier to write a check than keep splitting ownership %'s as it passes from one generation to another.
I specified a line of trustees down through the grand kids - daughter, son, daugher-in-law, oldest grandkid.
I specified how the $'s are to be divided (50/50 to kids after I pass)
I specified what to do in case of divorce or death.
daughter - in case of death her husband get his % as long as they were not divorced at time of her
death. When he passes it goes to sons family. If divorced then it goes over to sons family
AKA: S-I-L gets nothing if divorced from daughter (keep it in the family)
They can’t sell the mineral rights (don’t care about surface rights)
I opened a separate bank account (trust is owner) to hold the $'s (direct deposit). No mixing of funds with personal $'s.
It’s pretty easy to do but before you go the lawyer think about what your trying to accomplish and have a plan. The lawyer can then apply the proper language in the trust for your state.
Hope it helps. Good Luck.