my mother found out about inherited oil royalties a month before she die, we are her sibblings and the my mothers family trust those royalties are not listed because of the recent notification. now on my affidavit of heirship to inheriert her shares it states is ther a will what do i i write
because its a trust and the royalties are not in the trust how do i fill out that portion of the affidavit ? would i say no there is no will because these oil royaties were only know to her one month before her death
The inherited minerals should have been included in your Mother`s estate to pass ownership to the trust. If the inherited holdings reside in her state of residence it
My computer and old fingers are creating half sent messages.
If the minerals reside in her state of residence it`s a matter of recording the local probate documents in the second county. If the minerals reside in another state you need to check that state probate requirements to place ownership in the trust.
Generalization is dangerous. More facts are necessary. Did the mother have a pour over Will, was will admitted to probate, are all of the minerals located in state of domicile, was mother married at death, what does trust provide on her death? You need to take trust and other relevant documents to experienced probate attorney to determine what needs to be done.
I can’t answer the question of where the minerals go, or who owns them, but the affidavit is a document done under oath. If the question is did the decedent have a will, and she did, the answer is Yes.
You should contact an attorney in the state where the minerals are located in order to find the answer. Most of us can tell you what is needed during a telephone consultation. The most likely answer is that it will require a probate of your mother’s will in order to put those assets into the trust. In Oklahoma a simple summary probate may be required.