San Antonio, TX asked in Estate Planning and Probate for Oklahoma

Q: Do mineral rights in OKLA go to blood heirs ONLY? If yes, where is that law/statute? Can 2nd wife's kids inherit them?

My grandparents willed their Oklahoma mineral rights to my dad. He died intestate so my sister and I completed proof of heirship. His 2nd wife received half of the rights and dad's 3 children split the other half (1/3 each). 2nd wife just died. Do her kids (not my dad's biological kids) get her half of the mineral rights or do they go back to my dad's 3 bio kids? Is this a "Life Estate" for the blood heirs? If yes, I need to give the law/statute to the 2nd wife's kids so they can allow me to transfers the rights over to my siblings and me. Can you help me find this law/statute either way it goes? Thank you!

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1 Lawyer Answer
Richard Winblad
PREMIUM
Answered

A: Here is the intestacy statute:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73029 f

In particular pay attention to 84 Oklahoma Statues Section 213(B)(1)(d)(2)

d. if there are surviving issue, one or more of whom are not also issue of the surviving spouse:

(1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture, and

(2) an undivided equal part in the property of the decedent not acquired by the joint industry of the husband and wife during coverture with each of the living children of the decedent and the lawful issue of any deceased child by right of representation;

My reading of the statute, assuming your father died after 1985, is that she, and each of her father's natural children would be entitled to 1/4th.

Sound like your need a probate to straighten this out.

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