Hello, My step-father passed away and I need to have his name removed from the mineral rights in two states. My mothers name is on both of them but she and I are both at a loss as to how to go about doing this. I have the locations, township section and range, but have no clue where to start this. If anyone has some advice it would be great. One is in Montana the other in South Dakota.
Your mother needs to hire a probate attorney in each state to review facts and then advise her of her options for clearing title through the appropriate procedure. It is possible property could have been held in tenants by the entirety or joint tenants with the right of survivorship, which would avoid probate but an appropriate affidavit of death would need to be filed in the real property records in each county in which minerals were owned.
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