# Transfer of minerals in Hughes County
**URL:** https://www.mineralrightsforum.com/t/transfer-of-minerals-in-hughes-county/57590
**Category:** Ownership and Title
**Created:** [May 28, 2020, 9:44pm UTC](https://www.mineralrightsforum.com/t/transfer-of-minerals-in-hughes-county/57590 "2020-05-28T21:44:30Z")
**Posts on this page:** 4
**Page:** 1
### Author:  [@mrheams](https://www.mineralrightsforum.com/u/mrheams)
#### Post date: [May 28, 2020, 9:44pm UTC](https://www.mineralrightsforum.com/t/transfer-of-minerals-in-hughes-county/57590/1 "2020-05-28T21:44:30Z")
Hello everyone. My wife’s grandfather decided this weekend that he would like to give us a small royalty interest he has in Hughes County, Oklahoma. All he gave us was the last royalty check he received from Silver Creek Oil & Gas LLC. It is for oil sales on the Hughes #2 and Hughes #3. He said this was from 18 acres he had a while ago but didn’t know where the paperwork was, so I wanted to see on here what is the best path forward to get this transferred over. Interest on the statement is 0.0038431. Any help or guidance would be greatly appreciated.
Thank you, Matt
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### Author:  [@AimeeHess](https://www.mineralrightsforum.com/u/AimeeHess)
#### Post date: [May 28, 2020, 10:47pm UTC](https://www.mineralrightsforum.com/t/transfer-of-minerals-in-hughes-county/57590/2 "2020-05-28T22:47:37Z")
Contact the Oklahoma Bar Association and get a referral for an Oklahoma oil and gas attorney. They can research the legal description and prepare and file a transfer deed for you.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [May 29, 2020, 4:40pm UTC](https://www.mineralrightsforum.com/t/transfer-of-minerals-in-hughes-county/57590/3 "2020-05-29T16:40:50Z")
He could do a gift of the interests at this point in time; however, there may be several reasons why this might not be a good idea. These include:
1. **Loss of stepped-up basis.** If your grandfather deeds the property to you and you sell it, then you would have potential capital gains based upon the value of when he received it. However, if you inherit, then your capital gains would be based upon the value at his death.
2. **Impact on benefits.** I hope that your grandfather will never need to be admitted to a nursing home. But if he does and cannot afford it, then the transfer may have a negative impact on his eligibility for financial assistance through Medicaid or the Veteran’s administration.
He is probably concerned about the probate; if that is the case, he might consider a couple of probate avoidance options such as a Transfer on Death Deed or a simple mineral trust.
> [@Transfer on Death Deeds (Beneficiary Deeds)](https://www.mineralrightsforum.com/t/transfer-on-death-deeds-beneficiary-deeds/40909):
>
> What is a Transfer on Death Deed? Most states now have a probate avoiding mechanism that allows owners to transfer real property, including mineral interests, upon their death to selected individual or individuals without the need for probate. This works whether or not an individual has a Will. The process is fairly simple. A form is completed and filed listing the owner(s), legal descriptions, and beneficiaries. This gives the beneficiaries no right to income, possession, management, etc., un…
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [August 26, 2020, 9:44pm UTC](https://www.mineralrightsforum.com/t/transfer-of-minerals-in-hughes-county/57590/4 "2020-08-26T21:44:35Z")
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