Richmond, VA asked in Energy, Oil and Gas and Family Law for Oklahoma

Q: My grandmother with property and mineral rights in Oklahoma dies in Missouri without a will. My father (her son) is

also dead. My siblings and I want to sell mineral rights, but there are individuals who may or may not have a claim (out of wedlock birth). Do these individuals have a legal claim...must they take DNA test? What type attorney do we need to consult on these issues?

2 Lawyer Answers
Richard Winblad
Richard Winblad
PREMIUM
Answered
  • Edmond, OK
  • Licensed in Oklahoma

A: This is a fact relevant issue. Current Oklahoma law states: Section 215 - Inheritance by and from Illegitimate Child

For inheritance purposes, a child born out of wedlock stands in the same relation to his mother and her kindred, and she and her kindred to the child, as if that child had been born in wedlock. For like purposes, every such child stands in identical relation to his father and his kindred, and the latter and his kindred to the child, whenever: (a) the father, in writing, signed in the presence of a competent witness acknowledges himself to be the father of the child, (b) the father and mother intermarried subsequent to the child's birth, and the father, after such marriage, acknowledged the child as his own or adopted him into his family, (c) the father publicly acknowledged such child as his own, receiving it as such, with the consent of his wife, if he is married, into his family and otherwise treating it as if it were a child born in wedlock, or (d) the father was judicially determined to be such in a paternity proceeding before a court of competent jurisdiction.

For all purposes, the issue of all marriages null in law, or dissolved by divorce, are deemed to have been born in wedlock.

You will need a probate attorney.

Richard Winblad
Richard Winblad
PREMIUM
Answered
  • Edmond, OK
  • Licensed in Oklahoma

A: I amend my answer based upon this case:

Powell v. Dicksion (In re Estate of Dicksion), 286 P.3d 283, 2011 OK 96 (Okla., 2012) Powell v. Dicksion (In re Estate of Dicksion), 286 P.3d 283, 2011 OK 96 (Okla., 2012)

There DNA was used to determine paternity for an omitted heir.

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