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No will upon death

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Tiffany7

Junior Member
What is the name of your state (only U.S. law)? California
I am the only surviving child of my mother who died in 94 without a will in the state of California. At the time of her death, she had inherited from her mother oil royalties held in another state (New Mexico) to be distributed 50/50 with her surviving brother who resides in Texas. My uncle keeps telling me that since my mother left no will stating I am to inherit her belongings/holdings, it makes for a difficult transaction in transferring the holdings to my name. In the meantime, he receives all royalties and sends me a quarterly check. Being the only child of my unwed mother, wouldn't it automatically transfer to me? Obviously this does not protect me in the case of his death as wellWhat is the name of your state (only U.S. law)?
 


justalayman

Senior Member
My uncle keeps telling me that since my mother left no will stating I am to inherit her belongings/holdings, it makes for a difficult transaction in transferring the holdings to my name.
I would be a bit suspicious of your uncle based upon that statement.

Was your mothers estate probated? If not, it needs to be so her property and such can be distributed or transferred to the rightful recipient.
 

curb1

Senior Member
Tiffany7,
You need to get this straightened out immediately. Check with the oil company who is pumping. Check with the state commission that records oil and gas rights to see what you need to do. This will take several phone cals but you can do it yourself. Or, you can pay an attorney hundreds/thousands to make the calls for you. I just went through a similar situation with an elderly friend. It can be frustrating, but if you stick with it you can make progress. Good luck, it can be done. I thought it was an interesting experience. Each phone call leads to a little more information.
 

Dandy Don

Senior Member
Contact the oil company yourself to ask them what documentation you need to provide them with to get your portion of the check sent in your name. They might ask you to provide a certified copy of the death certificate, or they may tell you that probate is needed in which case, you should have a probate attorney handle this (executor fee will probably be 5%).

The only odd part is how your uncle is able to cash the royalty check--you need to be asking the oil company exactly who the payee(s) are listed on the check, or ask your uncle to see how he responds. Let's hope he has been forwarding to you the proper amount you are due. He was correct about the fact that probate was not done and should have been done.

DANDY DON IN OKLAHOMA ([email protected])
 

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