Legal Question in Wills and Trusts in California
Newly Found Oil & Gas Mineral Rights
When my parents divorced in the 1950�s, my father signed all assets over to my mother. At the time of her death, her children divided the estate equally. My father remarried and had 2 children with his new wife. She also had 2 children from a previous marriage. Since he had previously signed over all his assets to my mother he put a provision in his will stating that my siblings and I were to be omitted from his will. Additionally, since he predeceased his second wife, all assets went to her. She has since passed away and her will states that all her assets be distributed equally among her 4 children. We have recently been informed that my father was heir to mineral rights on property in which oil and gas wells are now being drilled and it is of substantial value. I have been told that since dad�s first family was omitted from his will and everything was passed to his second wife that we are not entitled to any of the oil rights, but his step children are. I believe that if he knew of these mineral rights that he would have not completely omitted his first family. Learning of this new inheritance, can the provision in his will written prior to 1985 and his second wife�s be challenged?
2 Answers from Attorneys
Re: Newly Found Oil & Gas Mineral Rights
You may be able to bring an action in the probate court to challenge the disposition set forth in your father's will. However, it may be difficult to obtain a favorable ruling from the Court, because from your question, it appears that your father's estate was already probated and at that time you did not challenge the will. The lack of a challenge when the will was first probated could serve to bar you from challenging the will now, even though these oil and gas mineral rights were not known of at the time of the last probate. Additionally, any applicable statute of limitations may bar you from challenging the will, due to the length of time that passed between your father's death and the present.
Re: Newly Found Oil & Gas Mineral Rights
Yes. But, no one can assure you success.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
