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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6722
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I am living in Massachusetts, but I have mineral rights plus

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I am living in Massachusetts, but I have mineral rights plus surface rights in Oklahoma. Do I need to record a deed naming my inheritors there in Oklahoma.
Hello and thank you for your question. Are you the only person named on the deed at this point in time?
Customer: replied 4 years ago.

Yes, I am.

There are a couple of ways to leave the mineral and surface rights to your heirs.

You can devise (state in your will the names of the people that will inherit the rights) them to your heir under the a will.

Or as you suggested you can deed them at any time during your life. You can either deed them to yourself and your heirs in a deed or deed them directly to your heirs.

If you have a preference on how you would like to transfer your interests I would be happy to work with you on the form to accomplish a transfer by deed or to include them in your will.
Customer: replied 4 years ago.

I believe I prefer to enter the info by way of my will. If I do so am I required to file info about this with county court house in Oklahoma?

It is not necessary to notify the county court house in Oklahoma if you are leaving the rights in your Will. If you were deeding the rights you would record the deed with the county.

The person named as Executor under your will would be given the authority to transfer the mineral and surface rights to those persons named in your Will to receive the rights.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for the info and help. Just one more question please, is it possible to leave the property and mineral rights to my heirs by way of a Living Trust or is a will a better option for this?

Yes. In my opinion that is the best way to leave the rights to your heirs.

Please do not hesitate to ask me any follow up questions that you may have for me.

If you would be so kind as to rate my service I would be most appreciative.
Thank you very much!

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