How to correct a typo error in legal description of mineral rights

Asked about 4 years ago - Hays, KS

My deceased Mom left a trust with everything left in my name (only living child). In it were mineral rights in Co. The lawyer who originally did the trust put in one letter wrong in the legal description. In 1994 (before her death) another lawyer did a quit claim deed to put the rights in my name. He used the same legal description (which was one letter wrong). It was assumed by us that it was final and in my name. When she passed away I realized that it was not in my name but just recently figured out why. The County Assessors Office say that I need a Personal Representative Deed to make correction. Lawyers have told me that is not what I need. I have been paying the property taxes on the rights and are they are current. I need advice.

Attorney answers (1)

  1. Catherine Hammond

    Contributor Level 13

    Answered . Unfortunately if the correct property interest was never transferred to the trust prior to your mother's death then you may need to start probate proceedings in order to be appointed Personal Representative and then execute a corrective deed. The correct mineral rights sound like they were still owned by your mother, not by you or her trust, at the time of her death. You want to make sure you do this correctly in order to actually transfer legal ownership of the mineral rights.

    All the best,

    ~Catherine


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    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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