What doI need to do to get mineral rights in my name?

I have family mineral right that were left to my dad from his mom and since he has passed and they where by marriage giving to my step mom who has now passed.They are still in her name only.The rights now are owned I believe by my step sister who has no problem with signing them over but see didn’t probate because she had nothing all was taking care of when my dad died.They said that you have to probate before you can change names or something about wait 3 years. What do I need to do to get these rights in my name? I has been 3 years now.

Asked on December 1, 2011 under Estate Planning, North Dakota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If the gift of the mineral rights were through a Will or a trust from one person to another and there was no probate or trust administration allowing for a court order (probate) for the transfer of these rights or a trust administration (affidavit of successor trustee) where your sister is supposedly the owner of the mineral rights, you are dealing with a very complicated situation in that the transfer from one person to the next should have been taken care of years ago.

Given the complications of this situation that you are writing about I recommend that you consult with a Wills and trusts attorney along with your step sister who supposedly stands to receive these mineral rights that you are writing about.

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