What is a stepfather’s rights to inherit oil/gas rights?

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What is a stepfather’s rights to inherit oil/gas rights?

My mom died intestate. My grandma had died prior to my mombut nothing was done to my grandmas oil/gas interests. My mom was married to her 3rd husband. I was told today that my step-dad is not entitled to my family inherited oil/gas interests. I have had 2 oil/gas companies give my step-dad 1/3, my sister and I each 1/3. Now I am told that OK does not give a step-dad a share of “family”inherited property. All properties in question have been in my family since late 1800’s/early 1900. Some of this property is from my great great grandmother. Is my step-dad entitled to 1/3 share? Or none at all?

Asked on February 25, 2011 under Estate Planning, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  It is my understanding that in Oklahoma the interests of a person who die without a Will pass to the immediate family.  I can see where there could be an issue here if Mom had had the gas and oil interests in her name prior to her passing but even if that were true, they probably would have not passed to her husband if she had kept them separate and in her name alone.  Property that is inherited is generally separate property.  I would seek help from an attorney in your area on the matter because this can really come down to how the courts decide the law, but I think that the rights are yours and your sisters alone.


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