My husband inherited mineral rights from his mother when she passed. His siblings also inherited. He receives monthly checks. My question is upon his death will they pass to me or his siblings if he designates me in his will?
As per the terms of his will if probated in Oklahoma. Better process is to have the property deeded as per his wishes. Like a joint tenancy or transfer on death deed. Several cheaper options than waiting to probate.
agree with Todd. The will trumps all.
Thanks for the quick response!
The question is whether your husband’s sibilings would be able to inherit if his Will left the property to you.
Assuming nothing unusual, it will pass to you. But this requires probate.
A Will can alter intestacy rights, such as a decedent’s parents, siblings, even children. However a Will does not override:
- A Transfer on Death Deed (in Oklahoma);
- A Trust (provided the property is deeded into it);
- Property owned in joint tenancy (unless it is the survivor’s Will);
- Certain spousal rights; or
- Property deeded reserving a life estate.
A simple land / mineral trust is a good solution. It avoids probate and can cover contingencies (such as passing property to the children of a beneficiary who predeceases)
Otherwise, a Transfer on Death Deed may be a good solution.
These are broad and general statements and no legal advice. Certain situations may call for different planning.
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