Check with your court house. They probably have a complete packet already made up of the required forms. It might be a good idea to consult a probate attorney if the estate has any large assets.
You need to consult with an attorney who is familiar with property law and probate law in your state ASAP.
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
I am sorry for your loss. If your mom died 3 years ago, the will has more than likely already been probated. You need to contact probate court for the county in which your mother died; they will tell you what you need to know. If for some reason the will has not yet been probated, then something has gone very wrong. Your mother's property was probably divided by probate court with the assumption that she died intestate (without a will). With or without a will, her property went through the probate court system. A will just makes that process a little more orderly, and things follow the testator's wishes provided they are within the law.
The orphan would need to be able to prove a blood relationship with the decedent.
If you are talking about two or more people who are each a mother-in-law, then you you need the plural form of the term, which is mothers-in-law.If you are talking about something that belongs to person who is a mother-in-law, then you need the singular possessive form of the term, which is mother-in-law's.If you are talking about something that belongs to or pertains to two or more people who are each a mother-in-law, then you need to plural possessive form of the term, which is mothers-in-law's.
It will be distributed according to intestacy laws of Virginia. If the wife is the mother of the children, she will inherit the property. If she is not the mother, the property is going to be split between her and the children. You need to consult a probate attorney in VA for exact details. 64.1-1. Course of descents generally. When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course: First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.
You need to consult with an attorney who specializes in property law and probate law who can research and document your father's mineral rights and then probate his estate to make certain those rights pass to you legally.
Open an estate to resolve his debts and assets. This will allow the transfer of any assets once the debts and taxes are settled. You should probably consult an attorney in Texas.
mom died need to know if she had a policy.
Your state laws will have determined the "intestate succession" of your father's estate, absent a will, meaning the law divided the property. Some states give the entire estate to the surviving spouse; others divide it with the children, meaning the minor children may have received half the father's estate "in trust". Look up your state "intestate succession" and visit the courthouse where the father's estate was probated in 1979 to see how it was distributed. If it wasn't properly probated, you will need an attorney to figure out what rights you may have.
To assist her, no form is necessary. To do it for her and represent her would require a power of attorney.
The succession would be the biological father. If he is deceased, then the oldest biological sibling. The siblings can agree to appoint 1 sibling who is not the eldest, but the agreement should be in writing. You should likely consult an attorney to be sure what to do. The life insurance company would likely need something from a Court for Intestate deaths.