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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56527
Experience:  Licensed attorney helping individuals and businesses.
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I am beneficiary of a trust in regard to mineral rights in

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I am beneficiary of a trust in regard to mineral rights in North Dakota. The ND atty says I have to probate this trust, as the document was not transferred to the new trust when the husband died. but, the first trust clearly states it is in the 1991 trust...My aunt is beneficiary of first trust, and I am beneficiary of the second trust. Is probate necessary to get these mineral rights in my name ??
Hello and thank you for the question. I am sorry to read of this dilemma. If there is no will, and only a trust, it would pass without probate. It would pass to the named beneficiary pursuant to the trust. There is no need to probate since there is no will!
Customer: replied 3 years ago.

there is a will included in the trust, but it also names the wife, as beneficiary.

If it is under the trust portion no probate needed. If under a will probate needed. If will includes a trust then it needs to be probated.
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