What legal document is needed to ensure that my siblings and I begin to receive any of my father’s royalties from mineral rights in the event of his death?
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What legal document is needed to ensure that my siblings and I begin to receive any of my father’s royalties from mineral rights in the event of his death?
My dad receives royalties from property located in a different state than where he resides. Does that document need to be drawn-up by an attorney in the state the property is located?
Asked on August 2, 2013 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You are asking about estate planning which is really a great thing, but you really need to sit down with an estate planning attorney in the state in which the mineral rights are located AND the state in which your Father resides. Mineral rights can be passed down via Last Will and Testament or in to a Trust via Will but certain states - like Texas - differentiate between surface rights and mineral rights and these are issues you need to address. Good luck.
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