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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56554
Experience:  Licensed attorney helping individuals and businesses.
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My family owns mineral rights in San County New Mexico, they

Customer Question

My family owns mineral rights in San Juan County New Mexico, they are in a trust. My mother was the trustee of that trust and passed away last year. I am now the successor trustee. I do not live in New Mexico. I believe / suspect there are things I need to do in New Mexico but I am not clear on what. Filing a tax return is a givein, but, it seems to me information needs to be updated in the county in regards ***** ***** the current trustees are, and if any other information is outdated, such as addresses or phone numbers but I am really in the dark about this. Who can give me some general guidelines on what I should be doing?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Infolawyer replied 11 months ago.
Expert:  Infolawyer replied 11 months ago.
Tax return is needed. Beyond that no filing of new trustee is needed as a trust is a private legal instrument. You should review the trust to see if it calls for you to do anything specific such as meetings, investments, reports to beneficiaries. Most trusts are general and give trustee discretion in such matters.If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.
Customer: replied 11 months ago.
Well, the reason I was thinking that maybe I needed to update something in the County record was in case someone was wanting to get a hold of the Trustee in regards ***** ***** mineral rights (like someone new wanting to pay us). There are records that go back to the 1950s at least showing my great grandfather as an owner in these rights for the properties he used to own. It seems to me that when my father and mother put the rights into the trust they had to have something submitted to the county recorder but I am really in the dark here.
Customer: replied 11 months ago.
For example, in my own county, I filed with the recorder's office a record that I had accepted the role as successor trustee, and submitted an official death certificate as well.
Expert:  Infolawyer replied 11 months ago.
What you filed would put the public on notice should they look for the person to contact. Title remains in the trust and you could update land records of you want to be found but not mandatory.
Customer: replied 11 months ago.
I think "updating land records" is what I've been thinking. I just found a document from when the trust was originally written. It is a document that was recorded in the San Juan County clerk's office, a quit-claim deed putting the mineral rights that existed at the time in San Juan County into the trust, but that seems to be the only record they have in the office regarding this trust.
Expert:  Infolawyer replied 11 months ago.

and that is what is normally filed to indicate title transfer, but here there is no title transfer, only trustee change, which could be filed but not required. Kindly rate me 5 stars.

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