descent/distribution/oklahoma Nealey Johnson DOD 5-30-1985,married to Eilleen Johnson DOD 1998; no childrenNealey had 1 sister living. Nealey ? Will no one in family knows. Eilleen Johnsonhad a will but never probated and will was shredded by niece who didn't think sheneeded to keep it. Claimed she inherited but can not prove this fact. Mineral interestI am working with came from his parents. Would wife have inherited and his living sister.What is the date when the d&d laws changed? Thank you, Barbara
Country relating to Question: United States
State (if USA): Oklahoma
HAVEN'T - JUST DO NOT KNOW LAWS AND LITTLE
DIFFICULT TO MAKE JUDGMENT CALL.
Hello, I will be happy to assist you with your question. Please note that I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. I DO NOT receive credit for my work until you rate my answer as OK service” or higher. Please DO NOT RATE MY ANSWER as "Bad service" or "Poor service" (or the 2 stars on the left if you see stars), as such a rating leaves negative feedback for me personally. Instead, if you feel one of those ratings would be appropriate, please reply to me via the REPLY or CONTINUE CONVERSATION. If I still can’t help, reply again and I will opt out, but don’t leave a bad rating for me.Your Answer:If they had no children at the time of Nealey's death, then all property went to Eilleen.Eileen's estate would be distributed under the terms of her will, including the mineral interests, so a probate was required. Now that the will was destroyed, there is no way to prove the terms, so the only persons that could be approved to receive the property would be Eileen's heirs.Since she had no children, her parents, if alive at her death, were her heirs. If they were not then alive, then her siblings, if alive (or deceased and leaving their own children -- Eileen's nephews/nieces), are her heirs and they are entitled to the property, including the minerals.Mineral interests are usually not probated in these situations due to costs. Instead, an affidavit of death and heirship is generally used to put ownership in the names of the heirs. That is something that a local attorney could assist you with.The applicable law on descent and distribution can be viewed here:http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73029
As noted above, if you need clarification, please do let me know. And, again, PLEASE DO NOT leave a bad rating for me. If you don’t like my answer and want to work with someone else, let me know with a reply and I will opt out.I do not receive credit for my work until you rate my answer as “OK service” or higher. Bonuses are always appreciated.If you later open a new question and would like my assistance, please begin the question with “To TMcJD….” This will ensure that only I answer the question. Thanks.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).