Q: Do I need a lawyer to go through probate if the only assets not assigned to a beneficiary are mineral rights?
There are only 2 children, myself and my older brother, there are no other beneficiaries. I am the executor of my Dad's will and trust. It is a pour over will. My Dad did not assign the mineral rights prior to his death. Those are the only assets that have not been dealt with. If I split the mineral rights with my brother do I need a lawyer or is this something I can do myself? Thank you.
A:
Hi, thank you for your question. If the mineral rights in question were owned in your dad's name alone and were not assigned to his trust while he was alive, you will probably need to probate his estate in order for you and your brother to take legal title to the mineral rights. Because your dad had a pour-over will, the probate court would issue an order transferring the mineral rights to the trust. Then as trustee you would sign a deed conveying the mineral rights according to the terms of the trust, presumably to you and your brother.
I highly recommend that you discuss this matter further with an attorney, and if a probate is going to be required, you should retain legal counsel to help you. You can call the Law Office of Tyler R. Barrett, P.L.L.C. at (405) 928-4075 to schedule a free consultation.
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