My grandmother had mineral rights and a will and left everything equally to her 5 children. My dad was one of those children. My brother and I are his only two children. After getting divorced from my mother, he remarried and was survived by his new wife who is now also deceased. My dad did not have a will. Her children and my brother and I were all adults when they married. Now, the children of my (grandmother's) 5 children are being approached for a mineral lease. Do my step mom's children have any rights to my dad's share of the mineral rights? This was in California. It never occurred to me that they might, but I don't know the laws on this.
Patricia:
I would first contact an estate attorney, preferably in the California area where these minerals are located and sort out the history of what happened and what steps to take to via California law in this situation. Your dad not having a will could require some legal expertise. If you and the others are deemed heirs to these mineral rights, they will have to be properly recorded at the County Clerks office in the county where these minerals are located. Before doing this, the other legal matters must be dealt with.
can get very complex--esp with Calif law. I asked almost this very same question of an O&G attorney in Oklahoma and he said a testator is under no obligation to leave a stepchild anything. If they are not even mentioned in the will or probate--sounds like they are out (in Oklahoma). If the testator wanted to leave anything to stepchildren that must be addressed in some fashion in the probate or will.
Long and short--person who died don't need to leave anything to stepchildren.
Dear Ms Betts,
From what you have said, the interest of your father was separate and not community or quasi-community. You also said that he died without a will. By California Probate Code (referenced below), his interest passes to his heirs at law. An heir is either by blood or by adoption (except in some states, the surviving spouse is an heir of an interest in separate or community property).
The CA Code is as follows:
http://www.californiaprobatecode.net/probate-codes/06001-07000/6400...
As an aside to Larry -- the Oklahoma attorney was speaking strictly of Oklahoma law, I assume. There is forced heirship in Louisiana, for example, even as to property disposed of by will. As far as I know, forced heirship is most common in civilian law states (LA) and countries (most of the rest of the world), which emanated from Roman Law rather than the Common Law of England (or Islamic Law).
yes. Oklahoma State Supreme court rulings have held very strongly the non family status of step-children in regard to inheritance of mineral rights, or for that matter any inheritance if not specifically in writing. It is interesting that the states with forced inheritance may actually be more equitable--at least in regards to the avoidance of incredibly contentious arguments that sometimes sadly follows someone's passing.
Larry Banyash, MD
retired general practitioner
Dear Dr. Banyash,
I am in total agreement with forced heirship. It is my firm believing that a man should take responsibility for his future generations. Forced heirship is not total heirship, just a portion of the estate is set aside for his issue, even if he leaves a will and disinherits them.
To me, it is a family values and unity matter. In many ways, civilian law is much superior to common law.
Even though your father died intestate the minerals would still pass to his own children as long as he didn't Quit Claim (Q.C.) his new wife's name onto the mineral deed with his, as a joint tenant! If he did, then that could substantially change everything, but you need to look over the latest mineral deed(s) first and then do a title search for any subsequent deeds to make sure he didn't add her name later.
If he did, you need to contact an attorney to see what can be done. I know in the state of Nevada the laws on joint tenancy were revised. This in-part was due to remarriages and the new wife/husband and/or children being able to acquire property that they had no right to. We normally, follow most California statutes, so I would suspect that your one step ahead of us still with this statute!
I wish you the best, and I hope that your dad didn't add her onto the deed since, these minerals came from you grandmother and they would not (in my opinion) have any rights to the minerals.
I've dealt with this and the laws regarding this type of situation for many years and this is something that no one should ever have to deal with, much less, ever have to worry about a stepfather, stepmother or their children taking your families property!!
In Texas, your stepmother for the rest of her life would have been entitled to the benefits of 1/3 of whatever minerals your father got from your grandmother, and you and your brother alone would have owned the remaining 2/3rds outright. Then when your stepmother died, you and your brother would have become vested with the other 1/3 interest that she had benefitted from, in fee simple, so you would each own 1/2 of what your father had inherited from your grandmother. So for California, you need to figure out who inherits real estate that is a decedent's separate property when he dies. It's in the Probate Code somewhere.