Dallas, TX asked in Energy, Oil and Gas for Texas

Q: Executor failed to include mineral rights in probate on Oklahoma county. I have copies showing he retained the mineral

Do I need to transfer to my name or us a copy of the land deed showing the retained mineral rights ok

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1 Lawyer Answer
Aimee Hess
Aimee Hess
  • Energy, Oil & Gas Law Lawyer
  • Streetman, TX
  • Licensed in Texas

A: I am only licensed in Texas, but I suspect Oklahoma law may be similar to Texas law in this situation. If the executor of an estate has not included the mineral rights in a deed from the estate to the beneficiaries, and this violates the terms of the will, you need to seek legal assistance promptly. An attorney can request that the executor file a corrected deed. If the executor fails or refuses to do so, the attorney can file a motion with the probate court and the executor can be ordered to do so. You need to act quickly because there are often very short statutes of limitations on these things.

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