My parents didn’t list any of the mineral rights in their trusts. I signed a lease with Trinity for one in Hughes county in 2017. Bertha hit in 2018. I did get a bonus, but haven’t received any royalties. I sent them the heirship paperwork they requested, now they are asking for a Memorandum of successor trustee to be sent to the Hughes County clerk. I have a mineral deed that lists me in the first sentence as Successor Trustee of my mother’s trust. It is also stamped by the Hughes County clerk, date, time, book, page and fee amt. shouldn’t this be enough?
It sounds like Trintity wants some confirmation that you are the successor trustee due to her death. This is a fairly simple document to prepare.
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What is the name of the document and where can I find it?
Generally this is an affidavit or memorandum of successor trustee. This spells out that the condition precedent has been met enabling you to act as successor trustee. Normally this is the death of the grantor/settlor of the trust. The triggering even could also be incapacity or resignation of current trustee. The attorney who set up your parent’s trust can prepare that. If they are not around, a competent estate planning attorney should be able to assist you for a few hundred dollars.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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