My then wife of 48 years died in Oregon in 2004 without a will. Who is now the LEGAL owner of the Oaklahoma mineral rights, 100% the husband, or some % split with our children. The Oregon probate did not address the mineral rights question. Do you know a reasonable Ok. attorney? THANKS
Ted,
I thought in that case it would be handled by Oregon law. Was the property just not mentioned in the probate? Or did they just not settle it?
Was it property she inherited? Purchased before you were married?
Was in her 'family' +- 100 years and she had the interest. Was not mentioned in her probate as I did not think of it. Leasing agent said they 'might' need an OK. probate and/or releases from our children for me to be the new controling interest.
Rick Howell said:
Ted,
I thought in that case it would be handled by Oregon law. Was the property just not mentioned in the probate? Or did they just not settle it?
Was it property she inherited? Purchased before you were married?
Ted,
You might google Intestate Succession in Oregon. Key words of Intestacy and Probate might also help.
My understanding is that residency determines where the laws apply to the distribution of assets.
In searching Oklahoma deeds, I have seen other states probate documents filed in Oklahoma to determine ownership. In some case the entire probate listing the property. In some case a quit claim deed based on a probate order. I’ve also seen the same things with other Oklahoma Counties.
I have heard of cases where it was divided 50% to the spouse and the remaining 50% evenly divided between the children. I have heard of the original source having some bearing on it as well. In other words if it was purchased by you and or your spouse wife, it going to the surviving spouse. If inherited, it being divided as above. Everything is state specific and I think Oregon may have jurisdiction in this matter.
I’d discuss it with the probate attorney that handled the case and see what he has to say about it.
I’m not an attorney and I haven’t stayed in a Holiday Inn Express in years so check everything I say carefully!
Ted,
Where the decedent passes has no bearing upon Oklahoma Intestate Succession laws. Post July 1, 1985 in Oklahoma, the minerals will pass 50% to the surviving spouse and 50% to the surviving children (in equal shares). Oklahoma also does not recognize foreign probates (estates probated in another state) and requires the estate to be probated in Oklahoma.
Sincerely,
Robert
Robert,
Excellent info, thanks for the clarification.
Are there cases where the foreign state probate records are admitted to Oklahoma probate court and approved by the Oklahoma court. I know I have seen them filed. But I can understand that simply filing them does not mean they carry any weight on ownership.
Thanks Robert -- and all -- for the answers. Best to you , Ted
Robert A. Hefner V said:
Ted,
Where the decedent passes has no bearing upon Oklahoma Intestate Succession laws. Post July 1, 1985 in Oklahoma, the minerals will pass 50% to the surviving spouse and 50% to the surviving children (in equal shares). Oklahoma also does not recognize foreign probates (estates probated in another state) and requires the estate to be probated in Oklahoma.
Sincerely,
Robert
You can file an "ancillary probate" in Oklahoma and it does carry some weight, but actually probating in Oklahoma is usually the best way to go (unless you don't really own any minerals that are worth the cost of probate).
Secondly, effective November 1, 2000 Affidavits of Death & Heirship can be filed with the Last Will & Testament attached thereto. After 5 years with no competing claims, the title becomes marketable.
My advice to any mineral owner wishing to avoid the cost and headaches of Probating an Estate to file one of three instruments of record (a) Joint Tenancy Warranty Deed (b) Deed creating a Life Estate - naming the remaindermen or (c) a Transfer-on-Death Deed, which is the instrument I'd recommend above all others.
I hope you find this helpful.
Sincerely,
Robert
My step-grandfather purchased many mineral acres in Oklahoma in approximately 13 counties, long ago. His will was probated in Texas, but not in Oklahoma. As an heir, this failure to probabe his will in Oklahoma has been extremely problematic. I've had to go to each and every county courthouse, do research, then file Proof of Death and Heirship forms in each county. I still have to provide all sorts of information to oil and gas companies when making leases--wills, death certificates, and so on. Ah, if only....
Robert A. Hefner V said:
Ted,
Where the decedent passes has no bearing upon Oklahoma Intestate Succession laws. Post July 1, 1985 in Oklahoma, the minerals will pass 50% to the surviving spouse and 50% to the surviving children (in equal shares). Oklahoma also does not recognize foreign probates (estates probated in another state) and requires the estate to be probated in Oklahoma.
Sincerely,
Robert
Robert: Any idea of the cost for an OK. probate and/or for your item 'C'. Thanks, Ted
Robert A. Hefner V said:
You can file an "ancillary probate" in Oklahoma and it does carry some weight, but actually probating in Oklahoma is usually the best way to go (unless you don't really own any minerals that are worth the cost of probate).
Secondly, effective November 1, 2000 Affidavits of Death & Heirship can be filed with the Last Will & Testament attached thereto. After 5 years with no competing claims, the title becomes marketable.
My advice to any mineral owner wishing to avoid the cost and headaches of Probating an Estate to file one of three instruments of record (a) Joint Tenancy Warranty Deed (b) Deed creating a Life Estate - naming the remaindermen or (c) a Transfer-on-Death Deed, which is the instrument I'd recommend above all others.
I hope you find this helpful.
Sincerely,
Robert
With the disclaimer that I'm no attorney, I'd be more than willing to assist you. You can feel free to email me at HefnerV at HefnerEnergy.com. Probates can run thousands of dollars in Oklahoma depending on how large the estate is.