My mother inherited several oil and mineral royalties from her uncle which passed many years ago. My mother passed away in 1998 with a Will and gave the royalties to my sister and me being the second in the Will to inherit. I was unaware of any of this information until 2008 when unclaimed monies were found. My sister had been recieving checks on just a couple wells. My sister has been sick for many years so she signed Quit Claim Deeds over to myself for the ones we new about. Well, my sister passed away in January 2012. We recieved another phone call informing us that there are more wells in Canadian County the day after she passed away. I have sent my mothers Will, Death Certificate and Affidavit of Heirship for myself to Canadian County Courthouse. My sister did not have a Will but I sent her Death Certificate and an Affidavit of Heirship for her. My sister has a surviving spouse and 2 sons but I have no idea of their status, whether they are alive nor a clue of their location. I am being told that since she has a surviving spouse and 2 sons that the royalties will go to him and then the sons and their children and their children. Is this correct? Since my mother had a Will naming my sister and then myself but my sister did not have a Will, is there anything I can do?
Ask a lawyer to look at your mothers will. The way it sounds is your mother's will named her. If your sister would have passed before you did, then they would have went to you. That did not happen so they were then your sister's and now part of her estate.
Thank you Rick for responding. In my mothers Will it states my sister 50%, myself 40% and my 2 kids 5%. My sister did pass away before me in January 2012 without a Will. When I sent my mothers Will and an affidavit of heirship for myself they in turn asked me for an affidaivit of heirship for my deceased sister and that is when they told me it would go to her husband and kids. What happens if they are not located? Does the monies just go to the state?
I live in Texas so do I need to consult with an attorney in Oklahoma?
Thanks again I do appreciate your time.
So if I understand correctly, you do have 40% and what you are questioning is the 50% that went to your sister then.
From what I see you do not have a claim to the rights she owned and the information you were given that they go to the spouse and 2 sons is likely correct. However you might have a claim if you can show she intended to pass all of the rights she inherited from your mother to you. If the quit claim deeds include an all inclusive statement you might have some claim. Something like “it is my intent to transfer all of my mineral rights and royalty interests within the state of Oklahoma to my Brother…” “Or it is my intent to transfer all rights inherited from my mother xxxx to my brother xxxx “
NOTE! This is coming from a layman and not a professional.
If they are still living be cannot be located the money from production (oil and gas sales, pooling is held in escrow for a time. (I don't remember the time) since the owners cannot be located. After a time they are required to turn it over to the state. It is still not the state property, but the Oklahoma State Treasurer takes possession of it. The property still belongs to the person or heir but only the original amount. The state uses the interest on investments with it to pay for the management, advertising, and administration to get it back into the rightful owners hands.
Here are two place you can search to see if they are holding property.
http://www.ok.gov/treasurer/Unclaimed_Property/index.html
http://www.occeweb.com/MOEAsearch/
Most states have intestate succession laws if someone dies without a will. The laws provide guidelines on how property is divided.
Here is some info on how that applies to Oklahoma Residents.
http://www.mystatewill.com/statutes/ok_law.php
Your sister’s state of residence will likely be the location where the laws will apply in this situation.
are the new wells in the same sections that have been deeded to you already? Otherwise I think your sisters estate would havae to go to probate.......in the state of Ok, I think, with no will generally goes 1/3 to spouse and then 2/3 to the children. Sounds like you have a bit of mess but might could get an attorney and go to court to show that your mother intended for you to have her estate.
I am sorry for the loss of your sister. Was your sister still legally married ? Did she inherit this before or after she was married? You may be able to show that this is inherited, separate property and not community property. It will leave out the husband if it was separate property inheritance but probably not her children. I would get a lawyer.