Houston, TX asked in Estate Planning and Probate for Oklahoma

Q: Woman has oil interest in OK. Died 1965. Intestate. 1 son/heir. No rec of convey but 1 1976 OGL in his name. Same legal.

Son married X3. 5 children from wife 1 & 2. Wife 3 no children. He died 2004. Will stipulated for his 5 children & all real property to 3rd wife. She died 2015. In 2016, an oil & gas forced pooling order was approved & the drilling operator, after due diligence, deposits cash bonuses & royalties in an acct in his mother’s name due to “unknown address”. Same legal. Since his 3rd wife died in 2015 & this Order happened in 2016, is there cause for his 5 children to get these funds thru letters of admin, being direct heirs to father & next in-line heirs for grandmother ... or would the funds go to an heir of his 3rd wife?

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1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Estate Planning Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: This is hard to say without reviewing the records and the Will.

Was the Will actually probated? Some wills are invalid for various reasons.

However, it is likely that 3rd wife's heirs at law would be entitled to the interests.

1 user found this answer helpful

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