Legal Question in Wills and Trusts in California

Oil leases

I closed an estate 9 yrs ago. The Will gives me the mining rights to a oil property. The rights have been recorded in my name. I was the executor as well. I have called the oil company that has the accounts to have them sent to me and change the name on the account. They refuse. They won't release the accounts to me as executor and they won't release the accounts as stated in the Will. There was no dispute of succession. The mining rights were not listed in the final distribution. Do I have to reopen the estate or can I just act as executor and or heir and demand they forward the moneys from 1999 to present I believe that as soon as testator dies the operation of the Will is in effect and ownership passes. As Executor I think I am correct and just do not know what to do next


Asked on 10/31/08, 3:07 pm

3 Answers from Attorneys
Todd Stevenson Stevenson Law Office

Re: Oil leases

You will need an attorney with experience in both probate and litigation, as it seems likely you will need to bring the oil company into court.

My firm specializes in estate litigation and I would be happy to speak further with you about this matter.

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Answered on 11/01/08, 2:13 pm
R.C. Lim The Law Offices of R.C. Lim

Re: Oil leases

Yes, your understanding is correct.

If you would like some assistance with this matter, I would be glad to help you with this matter. Feel free to call my office to schedule a free initial consult.

Best regards, RC Lim

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Answered on 10/31/08, 3:11 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Oil leases

you'll need to get the court involved. go see a probate attorney.

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Answered on 10/31/08, 3:14 pm


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