My sister and I were trustees to my father’s Trust. He passed in 2001, she passed in 2014. We never divided the mineral Deeds from the trust. The trust states that if one of us pre deceased our air the air would get that half. In my sister’s will her son was to get everything but stated her preference was that if he didn’t want the minerals that I would have first rights to buy them which I did. Now the leasing company after all these many years is saying that is not valid. Another problem is that my nephew is missing has had no contact with me for about 7 years and I have not been able to find anything regarding his whereabouts. Any advice? The lawyer I reached out to said they can hold the funds in suspense but if he’s not able to be found they may be turned back to the state. This is my family’s Legacy from six to eight Generations. I don’t want to lose these minerals. It’s not only about the money it’s about the Legacy thank you
You are going to need legal help to get title out of the trust and into your individual name. Was your sister’s will probated? Did your nephew sign a disclaimer of all rights under the trust when you paid him? Was this disclaimer given to the trustee for the records? Who is the trustee? Are royalties paid to the trust and then disbursed or paid directly to the you and your sister or nephew? You need to get title filed in your name. This will require an estate / oil and gas title attorney
Many times companies or other people on this site will make reference that the funds or the interest will be turned over to the state. In almost all situations, all that means is that the revenue will be sent to the respective unclaimed property fund. The mineral interest will not be lost. Now, there are some states that the interest could be escheated to the state, but that is rare.
Agree with TC above, you need some professional advice.
My sister and i were co trustees, we had signed separate division orders and received individual payments, we (in our complete ignorance) thought this separated the minerals. My nephew signed a court affidavit allowing me to purchase and convey " the mineral rights in Oklahoma" after his mother’s death. According to his mother’s trust and will if he did not want them I would have first right to buy. He did not and so I paid him. I took trusts, wills and death certificates along with the court records to an Oklahoma lawyer that dealt with our family’s minerals and have an affidavit of heirship - Subsequently transferring the deeded minerals to myself and then my trust. This new drilling company is saying more or less that i just decided to do this on my own, which is not true. Numerous lawyers have been involved and I thought I have done everything correctly. The current lawyer thinks i can get 1/2 of the new well production but the other half will be in suspense until …i dont know