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Permalink Reply by ELLIS HUGH on February 26, 2013 at 2:55

Cajun K, you would have to tell us more of the story to get an informed reply...

You would likely need to provide proof of your ownership (inheritance), in a legal document, that can be made of record, before royalties would be distributed from the operator/lease owner.  

Tell us more.

Ellis

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landownerPermalink Reply by Max on February 26, 2013 at 4:17

The answer to your question "Can someone receive royalties after the court threw out a will" is yes. 

Along with that "yes" comes the next question, "Will I receive royalties?".  That question's answer would depend on your relation to the deceased, or, if you're named in another Will of the deceased that is accepted by the court.

Overturning a properly prepared Will is very hard to do.  You have to show the court that the Will in question has serious flaws, or outright contradicted another existing Will from the deceased.  You didn't mention anything about the appeals process, has the ruling been appealed by the other party?  If so, the Will in question still has breath and the fight ain't over yet. 

From your question I assumed that the royalties were already being paid to the deceased and the deceases Will directed those payments to the heirs or someone listed in the Will.  But, giving that the Will was challenged in court, the challenging attorney would ask the court to direct the payments into an holding account to be distributed to the rightful owners after the court rules.  Whoever that attorney is (the one who was able to have the will thrown out), in my opinion, is a good attorney.  I would use that attorney unless you're out of State. 

If you're out of State and trying to find an attorney, be sure to tell them about the will first and get ready to do some searching.  Attorneys don't like messy wills that have to be fought over.  Prep time for any case cost $$$$ and thrown out Will cases have a lot of research that has to be done.  This prep time and cost would be reduced substantially if the ruling has been appealed and that appeal ended up ruling in favor of disqualifying the Will in question. 

Finding an excellent attorney usually comes down to what you need.  My "excellent attorney" may not be so excellent for you.  I would start searching and reading reviews of attorneys in the area where the property is located. 

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