Would like to hear opinions in regards to the following scenario:
William inherited 1/3rd of mineral rights from a sister along with 2 other sisters 1/3rd each.
William passed, leaving his wife Sophia, her 3 children from a previous marriage, and their son George. William never formally adopted the 3 stepchildren. The minerals were inherited 75% to his son George and 25% to his wife Sophia.
Sophia passed, her minerals were inherited 6.25% each to her 4 children, leaving George with 81.25%.
George passed without having ever been married and no children in 1968. New Mexico Law, I have been told, was based on the “Parentelic” system which I understand would make George’s inheritance go to his parents (their heirs) equally as separate property.
I don’t think there is any question that Sophia’s 3 children would inherit her additional 40.625% for a total of a little under 20% each.
There were no known wills or probates involved in any of these deaths.
At this point the question is: Who would inherit through William, as New Mexico Law at the time made no specific comment regarding half siblings.
The above question is keeping the driller from paying on any mineral rights (even the % not in question, on a producing well) and seems to be willing to leave the situation as is, which I understand to some degree.
Would love to hear all your comments, experiences, and suggestions.