[brad 123]

Hi my brother and sister are wanting to put my fathers mineral rights in are names. My father died dec 2010 with no will in California. Everything my father had went to my stepmother. She passed 1 year later dec 2011 she never put the mineral rights in her name, and in her trust never mentioned the mineral rights that are in North Dakota. How do I go about putting them in are name? THESE HAVE BEEN HANDED DOWN FROM GREAT GRANDFATHER TO MY GRANDMOTHER TO MY DAD. THANKS FOR ANY HELP where do I start ? California or and

[ebaines]

Since you dad died without a will, and given that he ownded the mineral rights before being married, upon his death one half of those mineral rights should have gone to his wife and one half should have gone to his children. Then when your step-mom died her 1/2 share would go to whomever is named in her will. If she had no will then her share would go to her children, if she has any, and if not then to other relatives of hers such as her parents or siblings.

As of now your best bet is to engage an attorney to sort this out - first someone (you?) will have to be named as executor of your dad's will, and someone else executor of your step-mom's will, which would then allow retitling of the property into the names of the proper heirs.