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    momison's Avatar
    momison Posts: 3, Reputation: 1
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    #1

    Nov 16, 2010, 08:59 PM
    Mineral rights
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 17, 2010, 05:02 AM

    Was there a will? Were the children his natural children or did he adopt them?
    momison's Avatar
    momison Posts: 3, Reputation: 1
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    #3

    Nov 18, 2010, 05:39 PM
    There was no will! We are all his natural children, some of us just have a step mother
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Nov 18, 2010, 05:49 PM
    Quote Originally Posted by momison View Post
    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)
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    momison Posts: 3, Reputation: 1
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    #5

    Nov 18, 2010, 06:00 PM
    Thank you! Do I have to get a lawyer to file a probate petition?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 18, 2010, 06:06 PM
    Quote Originally Posted by momison View Post
    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.
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