Legal Question in Wills and Trusts in Mississippi

Wills, Probate

In 2006 my mother in law had the property that her father left her and her sister probated. In his will it was stated that they owned all the mineral rights. The lawyer new they own the mineral rights but left that information out of the probate. This property sits in the middle of an oil field and has oil on the property. What does the family need to do to get the probate corrected and could they file a complaint of wrong doing by this lawyer?


Asked on 3/18/08, 11:58 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Wills, Probate

you mean they own the land but not the mineral rights. how does that work? i thought they were one and the same. is the description in the grant deed different than the grantor's (the decedent) deed?

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Answered on 3/19/08, 12:37 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Wills, Probate

I assume that the Deed from the personal representative of the estate (the executor) conveyed all rights, title and interest in the property to your mother and aunt. If that is the case, they own the mineral rights if their father did. Nothing need be done.

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Answered on 3/19/08, 1:08 pm


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