Quit Claim Deed as Executor

[BCFD36]

This is a bit of a mess. Of course it is. Nothing can be straightforward.

Recently, my brothers and I received notices from Trinity Operating via a law firm that there was some unclaimed property in Pittsburg County, OK in my mother’s name. I didn’t look at it closely at the time. Shame on me.

The property is for a very, very small amount of cash. They are requesting a Certificate of Heirship. This is where it gets messy. I cannot find the original Mineral Deed in my mother’s name in the on line site for the county. I can find a lease to Enron in her name, but not the Mineral Deed. It is probably too old and not scanned into the county documents. I already created and filed Quit Claim Deeds in her Trust’s name but apparently what Trinity is referring to did not ever make into the trust. I have no idea why.

What I would like to do as the executor of her will is file a Quit Claim Deed for her estate passing whatever she owns to my brothers and I and bypass the Certificate of Heirship and then letting Trinity know what we did. Is this even possible? If so, is it a good idea?

Someone is going to suggest a lawyer… The lawyer would cost much more than any money we could get out of this.

Thanks for your time.

[tim_dowd]

1. If Trinity has the interest in your mother’s name, I wouldn’t worry about it. They saw something.
2. Are you the executor of her will in Oklahoma? If not, then an executor appointed in another state has no authority over property in a different state.
3. Why not do the Affidavit of Death and Heirship. It would state the facts of your mother’s passing and go to you and your siblings.

[BCFD36]

See comments below. Mine are italics.

@tim_dowd

1. If Trinity has the interest in your mother’s name, I wouldn’t worry about it. They saw something.

Perhaps I wasn’t clear. I want to transfer my mother’s mineral rights to myself and my brothers. And to get what little unclaimed cash is available. Doing nothing won’t make any of that happen.

1. Are you the executor of her will in Oklahoma? If not, then an executor appointed in another state has no authority over property in a different state.

Yes, I am the executor. I am in California, the property is in Pittsburg County, OK.

1. Why not do the Affidavit of Death and Heirship. It would state the facts of your mother’s passing and go to you and your siblings.

The document says someone ELSE has to fill it out that is not an heir. I don’t have anyone that I would want to do that. And that only gets the cash, not the mineral rights transferred.

I do appreciate your comments.

[tim_dowd]

As to the second question. One has to be the executor appointed by a court in Oklahoma to be a lawfully appointed executor in Oklahoma. As to question no. 1, you said you wanted to find the mineral deed transferring into your mother. I would still suggest an affidavit. If Trinity will accept the affidavit, then they will accept the affidavit for transferring the rights into you and your siblings from this point forward.