I am new to all of this...but i'm needing help with some information.
My great grandparents had mineral rights in oklahoma, when they passed it was divided between their kids...now that my grandmother has passed, her share is supposed to divided up between her kids. Well now that my dad is ill, his wife says his share goes to her and not his kids...Is this how it works? It was my understanding that it was to stay in our family...What do i do?
The right thing to do is to encourage your father to get a will so that his wishes can be honored, rather than depending on the rules of succession of the state of Oklahoma if he dies without a will. In Oklahoma, I believe a portion will go to the surviving spouse. If that is not the intention, GET A WILL.
T Clark:
I tend to agree with the above post in that a will should be made in order to alleviate problems down the road. I would seek the services of an estate attorney with experience in oil and gas matters. I believe that this would be money well spent.
Thank you so much!
JW Anderson said:
The right thing to do is to encourage your father to get a will so that his wishes can be honored, rather than depending on the rules of succession of the state of Oklahoma if he dies without a will. In Oklahoma, I believe a portion will go to the surviving spouse. If that is not the intention, GET A WILL.
Thank you very much!
charles s mallory said:
T Clark:
I tend to agree with the above post in that a will should be made in order to alleviate problems down the road. I would seek the services of an estate attorney with experience in oil and gas matters. I believe that this would be money well spent.
1/3 2/3 rule in Oklahoma. With the 1/3 going to widow
You need to see if the initial will from your grandparents was to only be passed on to blood heirs. That will make a difference also. I would definitely get ahold of that will and talk to a lawyer in living wills.
It depends on what your great grandparents and grandmother’s Will or probates state. You can get a copy from the court clerk in the county where their estates are probated or possibly in the county were the minerals are. If the Wills provide for who is to inherite minerals upon your grandmothers death, then that is who will inherite even if your grandmother died without a will. If your great grandparents will does not provide for who is to inherite upon your Grandmother death, then her estate will be distributed according to her will, If she doesn’t have one then her estate will be distributed as provided for by state law which would automatically provide your dad with an interest, the only way your stepmother would get an interest is if your grandmother provided that she should in her will or if your dad got his inheritance and either deeded it to her or died and left her his interest in his will (which you would have the right to protest in court if written while he was ill). If your great grandparents or grandmother’s will does not provide who is to get the interest upon your father’s death, and your father died without a will, your stepmother would get an equal portion with all his natural and adopted children but not all the interest. Hope this helps. Sounds like she is trying to mislead you.
Brian this is not jointly aquired interest, so the stepmother would not be intitled to a third.
Brian Stamps said:1/3 2/3 rule in Oklahoma. With the 1/3 going to widow
Thank you all so much!!! All of this helps…now its off to the hospital again!