Full question:
I hold a Quit Claim Mineral Deed as the Successor Trustee of the Revocable Trust of my deceased mother. It grants to myself and my sister each an undivided one-half of Grantor's interest in the minerals of a described property in Garvin County, Oklahoma. The problem is that the mineral deed has us as joint tenants, not tenants in common, so that the whole estate vests in the survivor, instead of our individual heirs. We would like to correct this Mineral Deed to change that situation so that if either one of us dies, our heirs get our one-half interest, not the brother or sister who survives. Can you prepare the document necessary as it does not seem to be one of the forms available? We could fax the Quit Claim Mineral Deed to you if you can prepare the form.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Oklahoma
Answer:
Generally, you cannot use a corrective deed to change a material aspect of the original deed. To modify significant elements, such as how grantees receive title, you need to create a new deed.
Tenants in common share an undivided interest in the property, allowing each to use it. Unlike joint tenants, tenants in common do not have a right of survivorship. When a tenant in common passes away, their interest does not automatically transfer to the surviving tenant; instead, it goes to their heirs. This means that each tenant in common can sell, mortgage, or will their share separately.
In your case, to ensure that your heirs inherit your one-half interest, you will need to execute a new deed that specifies you and your sister as tenants in common.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.