Proving ownership on inheritance

Hello and thanks for this website.

  1. My father died 33 years ago, when I was 25. We (my sister and myself) were told he died without a will and we inherited virtually nothing.
  2. My grandmother died a few years later and we inherited the mineral rights that would have belonged to my father on his mother’s passing (his sister received the other half). We knew nothing about these interests until my grandmother died. My grandmother, as well as her brothers and sisters, inherited them from her father at the time of his death.
  3. We just found out that my stepmother passed and was receiving oil royalties from mineral rights that had passed to my dad directly from his grandfather (along with other grandchildren) that were separate from those received by my grandmother and her siblings. This is all news to us (even though my aunt and my dad’s first cousins all received the same). My dad came into the marriage to both my mother and my stepmother with this as his separate property.
  4. Our stepbrother contacted us (sadly we have been estranged) and brought up the oil royalties, indicating that he thought they should go back to us, but has now said “we misunderstood” and that they were in my stepmother’s trust and are being left to one of of our step siblings. He says that, according to her attorney, the fact that she was receiving checks proves that they belonged to her/the estate.
  5. We have been told repeatedly by my aunts that the mineral interest are to stay in the “bloodline” and my grandmother’s will specifically stated that no adopted or step children were to inherit any of the mineral interests.

On doing some research on this site, it seems that our Texas properties, as my father’s seperate property/inheritance should have been divided 1/3, 1/3, 1/3. It also is my understanding that all of it should be returned to my sister and myself upon her death Can anyone verify that? My sister and myself are basically resigned to the idea that 33 years of the income is gone and we are unlikely to pursue that anyway (I’m tempted), but we want it from now on and want to be able to pass it on to our children/future heirs.

It’s odd, but I never see my father’s name or my stepmother’s name on any paperwork, but I see second cousins, etc. Does anyone have any thoughts on why that would be so?

In addition to figuring out the legalities, I am looking for unclaimed property in the states and I see names that must be family members, and it is for oil royalties, most with familiar names, but the addresses don’t match up. My father and all family members passed away in California, but properties are in Texas, New Mexico, and Colorado. Does anyone know how this could be?

This is really a mess and I hope to resolve this and get my affairs in order asap before my son has to go through probate (which we did with my grandmother) and sorting through this mess. If anyone can offer any insights as to ho to proceed, it will be most appreciated.

Welcome to the forum.
The forum cannot give legal advice and as your situation seems very complex, you are likely to need the help of a landman and an attorney to untangle the situation. You might want to start with an attorney or practice that can work in the states involved beginning in California to get probate straightened out and then they can file the correct paperwork in the other states.

It is quite common that folks live and die in a state other than where their minerals are held. Over the years, the surface family farm or ranch may have been severed from the minerals and one person or entity (or many) hold the surface rights and many (perhaps hundreds) can hold portions of the mineral rights beneath.

The Directories tab above lists several professionals who may be able to help. If they are not licensed in those states, they may be able to recommend someone.

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