My Father inherited mineral rights from his mother. He has passed on . He married twice, & had children by both wife's. Do the children of the first wife have rights equal to the second wife's rights. The land is in North Dakota. My Father passed away in Calif. & that is where my step mother lives . I live in Okla. Thank you Sharon

Was there a will? Were the children his natural children or did he adopt them?

There was no will! We are all his natural children, some of us just have a step mother

My Father inherited mineral rights from his mother. He has passed on . He married twice, & had children by both wife's. Do the children of the first wife have rights equal to the second wife's rights. The land is in North Dakota. My Father passed away in Calif. & that is where my step mother lives . I live in Okla. Thank you Sharon

You would look to the Probate Code of California to determine how the intestacy statute, combined with California's community property system (assuming the step mother is his widow), to determine the rights of each child. It is unclear to me what the widow's share would be (you need to file a probate petition in California if one hasn't already been filed.), but it appears that all the children share equally:


If a statute calls for property to be distributed or taken in
The manner provided in this section, the property shall be divided
Into as many equal shares as there are living members of the nearest
Generation of issue then living and deceased members of that
Generation who leave issue then living, each living member of the
Nearest generation of issue then living receiving one share and the
Share of each deceased member of that generation who leaves issue
Then living being divided in the same manner among his or her then
Living issue.CA Codes (prob:240-241) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=240-241)

Thank you! Do I have to get a lawyer to file a probate petition?

Thank you !! Do I have to get a lawyer to file a probate petition?

No, but it can be a daunting task. You should at least consult with one.