I’m the ex-wife of a man who received royalties. He just recently passed away. We have an adult daughter. Are we entitled as his heirs to receive and how do we get started. Also I have been receiving offers to the property. I need help. I dont know what to do and dont have money for an attorney. Thank you for any help.
Kelly:
What County/State are the minerals in question located? Most likely, as an EX- you aren’t entitled to any of his property, UNLESS so stated in the Divorce Decree. However, the daughter from the marriage will more than likely be entitled so something.
Biggest question, did the decedent have a Last Will & Testament? If so, has it been probated?
Todd M. Baker
If there was no will, each state has rules which govern an intestate situation (no will). The state will determine who gets what. You can look it up online.
If you are getting offers, then those firms have done the title work at least at a generic level. Ask them how many acres they think you have and does your daughter have any ownership. Caution note. If you are getting offers to lease, that is encouraging. If you are getting multiple offers to buy, then really slow down and get your legal affairs in order as that is usually a sign that something is in the wind. I have found most offers to buy to be low in the hopes that an uninformed party will bite.
Another thing is that if you know the companies that were sending the royalties, you can contact them and see what their title opinion says. The royalties will be held in suspense until they can determine who is the rightful owner. New division orders will need to be signed by the correct new owners.
1 Like
Assuming he died intestate (no Will or Trust) then his children would inherit the property in Oklahoma. Visit with an attorney in the state where the minerals were owned. Richard Winblad