I have several outstanding issues to resolve with inherited mineral rights in 4 counties in Oklahoma.
Rights were placed in a trust by my grandfather, listing my father and 2 siblings as heirs
Father died before trust was dissolved, but he is somehow the owner of record for his 1/3rd share in the stuff that was in the trust, which is now revoked.
Will of grandfather was NOT probated in OK.
How do I start the process to update the county records (?) to show that my sibling and I are the current owners of that 1/3rd share? Can this be done without an attorney?
I’ve been receiving misc royalties (made out to Estate of [father] and [Me as Executor]) from various operators and have updated the ownership information with them as time goes on and I receive checks or division orders or other correspondence. But that is piecemeal and I feel like I may be missing things. Plus, I would like to let my sibling deal with their half - and filing OK income tax returns, rather than continuing do all of this as the Executor.
The trust, while it was in effect, filed a Royalty Deed in the 4 counties but apparently this needs to be ‘cured’…what is that, and where do I start to do it?
You probably need an attorney to do it properly. Your grandfather’s will may need to have a foreign probate done in OK if the will was probated in another state. It will then have to be filed in each county. An attorney can help you with that and then follow up with your dad’s part and dealing with distribution of the trust and getting everything to the right heirs.
It sounds like the minerals were deeded to you father before he died. If that is the case, you would most likely need a probate to get his share of the minerals into you and your siblings names individually. An alternative in Oklahoma is an affidavit of heirship, but many companies will not accept those especially if the royalties are significant.
Is there an estate established by a court for your father’s estate? Or have the companies be paying you as if you have been appointed?
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
As for the Trust, were the minerals actually deeded to the Trust as in Deeds filed of record in the County Clerk’s offices or did the Trust documents themselves state that everything owned by your grandfather were to be in his Trust? If they were not deeded to the Trust, then for legal purposes, the Trust never existed and your Grandfather’s Estate will need to be Probated in Oklahoma.
If the properties were deeded to the Trust, then the terms of the Trust can be applied.
In either case, you should probably hire an attorney that has a license to practice in Oklahoma so he can lead you on your course of action.
Armed with the answer to the first question, you can then inquire from those companies issuing checks, what they require to get the royalties to the rightful heirs or successors to the interests.
Good Luck.