My wife's cousin died leaving her shares of mineral rights (in another state) to my wife in a living trust. Her cousin, however, failed to transfer the title into the trust. She executed no will. The cousin's husband is still living and willing to sign whatever is necessary to insure his wife's last wshes are honored. Can this be accomplished by a quick-claim deed? Or does CA law define another line of inheritance. The cousin and her husband have one adopted child, now living. Thanks for any help.

What are the terms of the trust? If the trust was properly set up your wife should have been the beneficiary of the trust. If she wasn't named beneficiary, then the husband should have inherited according to the laws of the state where she lived.

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Originally Posted by ScottGem

... If she wasn't named beneficiary, then the husband should have inherited according to the laws of the state where she lived.

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The husband and their child, more than likely.

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Originally Posted by KeithM

... Can this be accomplished by a quick-claim deed? ...

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It's called a quitclaim deed. Yes, probaby so.

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Originally Posted by KeithM

... Or does CA law define another line of inheritance. ...

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The question is whether the mineral rights pass into her estate or not.

• If not, it doesn't matter, it would pass into the trust, and through it to your cousin.
• If so, yes there are intestacy laws in all states, California included. But if, under the intestacy statute, the mineral rights would go to the husband and their child, they could convey them to your cousin, should they choose.

Our understanding is that the inheritance directly to my wife was not valid because they failed to transfer the mineral title into the name of the Trust.

Then the trust was not prepared properly. In which case, the executor of the estate can effect that transfer.

Who is the beneficiary of the trust?