My grandfather owns a sizeable plot in ND that they are leasing with one well in production and 5+ more to come for now. My question is around mineral rights payments and inheritance.
The payments will be broke up like this:
My grandfather and his siblings will receive the first slices, followed by my father and his siblings. I am an only child, but my father remarried and along with the new marriage came 3 step siblings, all of which still have living fathers of their own and are still in contact with them. My father accepted these children into his life, but never adopted them. I was told when my father and stepmother pass, the inheritance will be divided equally amongst me and my stepsiblings. What are the legalities of this? I feel, being the only blood child from my father, that I should be his sole heir. I have a feeling this could get messy down the road and need to know what my options would be. Any one have any thoughts?
My take is this is your father's assets and he should do as he wishes. If he leaves a will, he may convey his mineral interests to whomever he chooses. That might include his wife, you, the stepchildren, a charity, me, or anyone else. That is his call. Be happy with whatever he may choose to bequeath you. Don't worry about what is left to others unless you wish to be miserable for decades to come.
If Dad didn't leave a will when he dies then the estate laws of his state of residence determines the distribution of his assets. Those laws vary by state, but most typically would include some division between his wife and you. The step kids would not inherit from his estate, though they may ultimately inherit from their mother (with or without a will) what she had inherited from your father's estate. All in all, be grateful Grandpa still owns the minerals under his ND acres. That is often not the case. Many minerals were sold decades ago in order to keep the farm or ranch together. In other words don't worry about what might be, or what wasn't.