Legal Question in Wills and Trusts in California

If parent(mom) owns mineral rights (in California) because spouse has passed away who inherits mineral rights from parent when mom passes on? Does it revert back to my dads will where he left everything to myself and sister or does my mom get to chose who gets to inherit the mineral rights? Originally the mineral rights and farm land was from my dad's inheritence. My dad had divorced my mom well over 15 years ago but will was in Florida and he didnt specifically name my sister and myself for mineral rights in will. He had mom and himself on one portion of the mineral rights when they were married and never removed her after they divorced. My sister and myself also have our own seperate portion of mineral rights as do some cousins.

Asked on 11/13/14, 12:08 pm

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

If the mineral rights were in joint tenancy between your father and mother, then upon your father's death they passed to your mother as the surviving joint tenant, and are now owned by your mother's probate estate as a result of her subsequent death.

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Answered on 11/17/14, 10:23 am

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