My father passed about 13 years ago and my mother probated his will. she was never able to finish the probate for all oil royalties. I do not know the exact specifics on what she was doing and what was left after she stopped, she said she ran out of money and couldn’t afford to finish. My mom passed in August of this year and left everything to me. I have hired a lawyer to probate both wills and currently in the process of doing that. they are doing my moms first then my dads so it will all flow to me in the process. my main questions are:
The lawyer did background research and found a lot in my dads name, I do not know what was found but she said it was a lot. I am currently deployed overseas in the Army and I have signed a POA for my wife to act on my behalf for both probates. What questions should she ask the lawyer?
If my mom was unable to finish probate can I finish where she left off?
I have checks I can not cash because they are in both of their names, some just have my dads name and not my moms. How do I get them into me and my wife’s name after the probates are finished.
Can I be back-paid for any oil royalties that were never cashed or paid out?
Thank you for your help and support!
Condolences of your parents passing.
Your attorney can walk you through the process for their state. Yes, the attorney can pick up where your mom left off.
If you are in Texas or OK, there are some fairly inexpensive websites where you can hunt down their names. You are paying him to do that for you.
Yes, if there are checks that are old and not cashed, there may be unclaimed funds at the state treasurer’s office in the state where your folks lived. Check using the treasurer’s sites in the state. Do not use an outside firm or they will charge you. If you list the state, I can give you the links. It is free to look. Once the probates are finished, you can claim the money for the proper heirs. Also check Delaware. Some operators have their domicile there.
You will need to inform each of the operators that are sending you checks that you (and any other heirs) are the proper owners. Ask them what they require to get you into pay status. Each one may have slightly different requirements, but generally they will want death certificates, copy of the probates, your birth certificate, drivers license, etc. You can go ahead and contact the Division Order department of each operator by certified mail return receipt. Use the contact information on the check and your parents’ names and owner number that is on the uncashed checks and ask each one them what you need to do. KEEP COPIES OF EVERYTHING.
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Thank you, that was very helpful. My parents lived in Texas and Oklahoma, I appreciate you sending me the links I will check and hopefully find good news!