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My deceased husband's grandparents owned Mineral Rights in OK. Am I entitled to inherit thru my husband (he had a Living Trust/Will leaving everything to me)? A gas company wants to lease the Mineral Rights at this time. My husband's parents died in CA & were buried in OK. Their Will was Probated in CA, probably not OK. I'd like to make sure future oil/gas companies find me and my children in the future. Can I file or probate my husband's father in OK while living in CA? Can I do this as a spouse? Thanks

Submitted: 397 days and 18 hours ago.
Category: Legal
Value: $15
Status: AWAITING EXPERT REPLY
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Bakersfield, California

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Hello XXXXXXXXXXX,

 

If your husband died before his grandparents, you would not inherit unless the grandparents specifically left something to you. If they died without wills, the heirs to the estate would follow the state laws regarding intestascy (dying without a will). Your children might be in line to inherit, however.

 

The land in Oklahoma would have the deeds, etc. recorded at the local courthouse, and therefore, the owner is easily found by checking the records filed there. You have no standing to open probate on either of these grandparents, unless you are named by the court as the administrator. If there was a will, there would be an executor.

 

Good luck.

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Expert: dkennedy
Pos. Feedback: 98.3 %
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Answered: 10/22/2008

Lawyer (JD)

Juris Doctorate Degree

393 days and 22 hours ago.

Reply

No, these people have passed on, the Executor has passed on and so has my husband. All I wanted to know was how to either file a form in OK to make a record of the surviving relatives, people that would inherit the Mineral Rights or if I had to go thru Probate. The deceased died in 1971 and left Mineral Rights. My husband made me his sole heir and therefore I would inherit a portion of the Mineral Rights. Our family just wants to be sure future generations will be found when Oil Companies research Deeds to find heirs.

 

You haven't answered me yet???

Posted by dkennedy 393 days and 19 hours ago.

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Hello again,

 

I am going to opt out so that another expert can help you.

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